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Kashmir conflict
From Wikipedia, the free encyclopedia

The Kashmir conflict is a territorial conflict primarily


between India and Pakistan, having started just after the
partition of India in 1947. China has at times played a minor
role.[2] India and Pakistan have fought three wars over
Kashmir, including the Indo-Pakistani Wars of 1947 and
1965, as well as the Kargil War. The two countries have also
been involved in several skirmishes over control of the
Siachen Glacier.
India claims the entire state of Jammu and Kashmir, and, as
of 2010, administers approximately 43% of the region. They
control Jammu, the Kashmir Valley, Ladakh, and the Siachen
Glacier. India's claims are contested by Pakistan, which
administers approximately 37% of Kashmir, namely Azad
Kashmir and the Northern Areas, or Gilgit-Baltistan.[3][4]
China currently occupies Demchok district, the Shaksgam
Valley, and the Aksai Chin region. China's claim over these
territories has been disputed by India since China took Aksai
Chin during the Sino-Indian War of 1962.[5]
The root of conflict between the Kashmiri insurgents and the
Indian Government is tied to a dispute over local
autonomy.[6] Democratic development was limited in
Kashmir until the late 1970s, and by 1988, many of the
democratic reforms introduced by the Indian Government
had been reversed. Non-violent channels for expressing
discontent were thereafter limited and caused a dramatic
increase in support for insurgents advocating violent
secession from India.[6] In 1987, a disputed state election[7]
created a catalyst for the insurgency when it resulted in some
of the state's legislative assembly members forming armed
insurgent groups.[8][9][10] In July 1988 a series of
demonstrations, strikes and attacks on the Indian
Government began the Kashmir Insurgency.
Although thousands of people have died as a result of the
turmoil in Jammu and Kashmir,[11] the conflict has become
less deadly in recent years.[12][13] Protest movements created
to voice Kashmir's disputes and grievances with the Indian
government, specifically the Indian Military, have been
active in Jammu & Kashmir since 1989.[12][13] Elections held
in 2008 were generally regarded as fair by the United Nations
High Commissioner for Refugees and had a high voter
turnout in spite of calls by separatist militants for a boycott.

Kashmir Conflict

India claims the entire erstwhile princely state of


Jammu and Kashmir based on an instrument of
accession signed in 1947. Pakistan claims Jammu and
Kashmir based on its majority Muslim population,
whereas China claims the Shaksam Valley and Aksai
Chin.
22 October 1947 ongoing

Date

(68 years, 8 months, 2 weeks and 4 days)


Location
Status

Kashmir
Ongoing
Indo-Pakistani War of 1947
Indo-Pakistani War of 1965
Insurgency in Jammu and
Kashmir
Kargil War 1999
IndiaPakistan border skirmishes

Belligerents
Pakistan

India

Pakistan
Rangers

Indian
Army

All Parties
Hurriyat
Conference
Jammu
Kashmir
Liberation

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The election resulted in the creation of the pro-India Jammu


& Kashmir National Conference, which then formed a
government in the state.[14][15] According to Voice of
America, many analysts have interpreted the high voter
turnout in this election as a sign that the people of Kashmir
endorsed Indian rule in the state.[16] But in 2010 unrest
erupted after alleged fake encounter of local youth by
security force.[17] Thousands of youths pelted security forces
with rocks, burned government offices and attacked railway
stations and official vehicles in steadily intensifying
violence.[18] The Indian government blamed separatists and
Lashkar-e-Taiba, a Pakistan-based militant group for stoking
the 2010 protests.[19]
However, elections held in 2014 saw highest voters turnout in
26 years of history in Jammu and Kashmir.[20][21][22][23]
However analysts explain that the high voter turnout in
Kashmir is not an endorsement of Indian rule by the
Kashmiri population, rather most people vote for daily issues
such as food and electricity.[24][25] An opinion poll conducted
by Chatham House found that in the Kashmir valley - the
mainly Muslim area In Indian Kashmir at the centre of the
insurgency - support for independence varies between 74%
to 95% in its various districts.[26][27] Support for remaining
with India was however extremely high in predominantly
Hindu Jammu and Buddhist Ladakh.
According to Amnesty International, as of June 2015 no
member of the security forces deployed in Jammu and
Kashmir has been tried for human rights violations in a
civilian court.[28]

https://en.wikipedia.org/wiki/Kashmir_conflict

Front
HarkatBorder
ul-Jihad
Security al-Islami
Force
Lashkare-Taiba
JaishCentral
e-Mohammed
Reserve
Hizbul
Police
Mujahideen
HarkatForce
ul-Mujahideen
Al-Badr
Research Supported by:
and
Pakistan[1]
Analysis

Pakistan
Army
InterServices
Intelligence

Wing

Commanders and leaders


General
Raheel Sharif

Pranab
Mukherjee
General
Dalbir Singh
Suhag
General
Pranav Movva
Lt. Gen. P
C Bhardwaj
Air Chief
Marshal Arup
Raha
Pranay
Sahay

In October 2015 Jammu and Kashmir High Court said that


article 370 is "permanent" and Jammu & Kashmir did not
merge with India the way other princely states merged but
retained special status and limited sovereignty under Indian
constitution.[29]

Amanullah
Khan
Hafiz
Muhammad
Saeed
Maulana
Masood Azhar
Sayeed
Salahudeen
Fazlur
Rehman Khalil
Farooq
Kashmiri
Arfeen
Bhai (until
1998)
Bakht
Zameen

Contents
1 Timeline
1.1 Early history
1.2 Partition and invasion
1.3 Accession
1.4 Indo-Pakistani War of 1947
1.5 UN mediation
1.6 1950s

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1.7 Sino-Indian War


1.8 Operation Gibraltar and 1965 Indo-Pakistani war
1.9 1971 Indo-Pakistani war and Simla Agreement
1.10 1987 state elections
1.11 1989 popular insurgency and militancy
1.12 1999 Conflict in Kargil
1.13 2000s Al-Qaeda involvement
2 Reasons behind the dispute
2.1 Indian view
2.2 Pakistani view
2.3 Chinese view
3 Cross-border troubles
4 Water dispute
4.1 Pakistan's relation with militants
5 Human rights abuse
5.1 Indian administered Kashmir
5.2 Pakistan administered Kashmir
5.2.1 Azad Kashmir
5.2.2 Gilgit-Baltistan
6 Map issues
7 Recent developments
7.1 Efforts to end the crisis
7.2 2008 militant attacks
7.3 2008 Kashmir protests
7.4 2008 Kashmir elections
7.5 2009 Kashmir protests
7.6 2010 Kashmir Unrest
7.7 2014 Jammu and Kashmir Elections
7.8 October 2014
7.9 July 2016
8 The US Presidents on Conflict
9 Problems Before Plebiscite
9.1 UN Resolution
9.2 Instrument of Accession
9.3 Article 370
9.4 "Nehru's Promise"
9.5 Constitution of Jammu and Kashmir
9.6 Outlook Survey
9.7 Private Survey
10 See also
11 Notes
12 References
13 Further reading
14 External links

Timeline
Early history

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According to the mid-12th century text Rajatarangini the Kashmir Valley was formerly a lake. Hindu mythology
relates that the lake was drained by the sage Kashyapa, by cutting a gap in the hills at Baramulla (Varaha-mula),
and invited Brahmans to settle there. This remains the local tradition and Kashyapa is connected with the
draining of the lake in traditional histories. The chief town or collection of dwellings in the valley is called
Kashyapa-pura, which has been identified as Kaspapyros in Hecataeus (Apud Stephanus of Byzantium) and the
Kaspatyros of Herodotus (3.102, 4.44).[30] Kashmir is also believed to be the country indicated by Ptolemy's
Kaspeiria.[31]
The Pashtun Durrani Empire ruled Kashmir in the 18th century until its 1819 conquest by the Sikh ruler Ranjit
Singh. The Raja of Jammu Gulab Singh, who was a vassal of the Sikh Empire and an influential noble in the Sikh
court, sent expeditions to various border kingdoms and ended up encircling Kashmir by 1840. Following the First
Anglo-Sikh War (18451846), Kashmir was ceded under the Treaty of Lahore to the East India Company, which
transferred it to Gulab Singh through the Treaty of Amritsar, in return for the payment of indemnity owed by the
Sikh empire. Gulab Singh took the title of the Maharaja of Jammu and Kashmir. From then until the 1947
Partition of India, Kashmir was ruled by the Maharajas of the princely state of Kashmir and Jammu. According
to the 1941 census, the state's population was 77 percent Muslim, 20 percent Hindu and 3 percent others (Sikhs
and Buddhists).[32] Despite its Muslim majority, the princely rule was an overwhelmingly Hindu state.[33]

Partition and invasion


British rule in India ended in 1947 with the creation of new states: the Dominion of Pakistan and the Union of
India, as the successor states to British India. The British Paramountcy over the 562 Indian princely states
ended. According to the Indian Independence Act 1947, "the suzerainty of His Majesty over the Indian States
lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty
and the rulers of Indian States".[34] States were thereafter left to choose whether to join India or Pakistan or to
remain independent. Jammu and Kashmir, the largest of the princely states, had a predominantly Muslim
population ruled by the Hindu Maharaja Hari Singh. He decided to stay independent because he expected that
the State's Muslims would be unhappy with accession to India, and the Hindus and Sikhs would become
vulnerable if he joined Pakistan.[35][36] On 11 August, the Maharaja dismissed his prime minister Ram Chandra
Kak, who had advocated independence. Observers and scholars interpret this action as a tilt towards accession to
India.[37][36] Pakistanis decided to preempt this possibility by wresting Kashmir by force if necessary.[38]
Pakistan made various efforts to persuade the Maharaja of Kashmir to join Pakistan. In July 1947, Mohammad
Ali Jinnah is believed to have written to the Maharaja promising "every sort of favourable treatment," followed
by Muslim League leaders lobbying with the Prime Minister of the State. Faced with the Maharaja's indecision,
the Muslim League agents clandestinely worked in Poonch to encourage the local Muslims to revolt. The
authorities in Pakistani Punjab waged a `private war' by obstructing supplies of fuel and essential commodities to
the State. Later in September, Muslim League officials in the Northwest Frontier Province, including the Chief
Minister Abdul Qayyum Khan, assisted and possibly organized a large-scale invasion of Kashmir by Pathan
tribesmen.[39]:61 Several sources indicate that the plans were finalised on 12 September by the Prime Minister
Liaquat Ali Khan, based on proposals prepared by Colonol Akbar Khan and Sardar Shaukat Hayat Khan. One
plan called for organising an armed insurgency in the western districts of the state and the other for organising a
Pushtoon tribal invasion. Both were set in motion.[40][41]
The Jammu division of the state got caught up in the Partition violence. Large numbers of Hindus and Sikhs from
Rawalpindi and Sialkot started arriving in March 1947, bringing "harrowing stories of Muslim atrocities." This
provoked counter-violence on Jammu Muslims, which had "many parallels with that in Sialkot." According to
scholar Ilyas Chattha, the "Kashmiri Muslims were to pay a heavy price in SeptemberOctober 1947 for the
earlier violence of West Punjab." However, Chattha also states that the "Hindu Dogra state of Jammu and

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Kashmir" ordered the massacre of Muslims in the Jammu division with political motivations to ethnically cleanse
the Muslim population and to ensure a non-Muslim majority in the Jammu region of the state.[42][43]
The violence in the eastern districts of Jammu that started in September, developed into a widespread `massacre'
of Muslims around 20 October, organised by the Hindu Dogra troops of the State and perpetrated by the local
Hindus, including members of the Rashtriya Swayamsevak Sangh, and the Hindus and Sikhs displaced from the
neighbouring areas of West Pakistan. The Maharaja himself was implicated in some instances. A team of British
observers commissioned by India and Pakistan identified 70,000 Muslims killed, whereas the Azad Kashmir
Government claimed that 200,000 Muslims were killed. About 400,000 Muslims fled to West Pakistan, some of
whom made their way to the western districts of Poonch and Mirpur, which were undergoing rebellion. Many of
these Muslims believed that the Maharaja ordered the killings in Jammu. According to Christopher Snedden,
these Jammu Muslims joined the uprising in Poonch and the western districts, and instigated the formation of the
Azad Kashmir government.[44]
The rebel forces in the western districts of Jammu organized under the leadership of Sardar Ibrahim, a Muslim
Conference leader. They took control of most of the western parts of the State by 22 October. On 24 October,
they formed a provisional Azad Kashmir (free Kashmir) government based in Palandri.[45]

Accession
Justice Mehr Chand Mahajan, the Maharaja's nominee for his next prime
minister, visited Nehru and Patel in Delhi on 19 September, requesting
essential supplies which had been blockaded by Pakistan since the
beginning of September. He communicated the Maharaja's willingness to
accede to India. Nehru, however, demanded that the jailed political
leader, Sheikh Abdullah, be released from prison and involved in the
state government. Only then would he allow the state to accede.[46][47]
The Maharaja released Sheikh Abdullah on 29 September.[37] Before any
further reforms were implemented, the Pakistani tribal invasion brought
the matters to a head.
Maharaja's troops, heavily outnumbered and outgunned, had no chance
of withstanding the attack. The Maharaja made an urgent plea to Delhi
for military assistance. Upon the Governor General Lord Mountbatten's
insistence, India required the Maharaja to accede before it could send
troops. Accordingly, the Maharaja signed an instrument of accession on
26 October 1947, which was accepted by the Governor General the next
day.[48][49][50] While the Government of India accepted the accession, it
The Instrument of Accession of
added the proviso that it would be submitted to a "reference to the
Kashmir to India was accepted by the
people" after the state is cleared of the invaders, since "only the people,
Governor General of India, Lord
not the Maharaja, could decide where Kashmiris wanted to live." It was a
Mountbatten.
provisional accession.[51][52][note 1] National Conference, the largest
political party in the State and headed by Sheikh Abdullah, endorsed the
accession. In the words of the National Conference leader Syed Mir Qasim, India had the "legal" as well as
"moral" justification to send in the army through the Maharaja's accession and the people's support of it.[53][note 2]
The Indian troops, which were air lifted in the early hours of 27 October, secured the Srinagar airport. The city
of Srinagar was being patrolled by the National Conference volunteers with Hindus and Sikhs moving about
freely among Muslims, an "incredible sight" to visiting journalists. The National Conference also worked with the

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Indian Army to secure the city.[54]


In the north of the state lay the Gilgit Agency, which had been leased by British India but returned to the
Maharaja shortly before Independence. Gilgit's population did not favour the State's accession to India. Sensing
their discontent, Major William Brown, the Maharaja's commander of the Gilgit Scouts, mutinied on 1 November
1947, overthrowing the Governor Ghansara Singh. The bloodless coup d'etat was planned by Brown to the last
detail under the code name `Datta Khel.' Gilgit locals formed a provisional government (Aburi Hakoomat),
naming Raja Shah Rais Khan as the president and Mirza Hassan Khan as the commander-in-chief. But, Major
Brown had already telegraphed Khan Abdul Qayyum Khan asking Pakistan to take over. Pakistan's Political
Agent, Khan Mohammad Alam Khan, arrived on 16 November and took over the administration of Gilgit.[55][56]

Indo-Pakistani War of 1947


Rebel forces from the western districts of the State and the Pakistani Pakhtoon tribesmen[note 3][note 4] made rapid
advances into the Baramulla sector. In the Kashmir valley, National Conference volunteers worked with the
Indian Army to drive out the `raiders'.[note 5] The resulting First Kashmir War lasted until the end of 1948.
The Pakistan army made available arms, ammunition and supplies to the rebel forces who were dubbed the
`Azad Army'. Pakistani army officers `conveniently' on leave and the former officers of the Indian National
Army were recruited to command the forces. In May 1948, the Pakistani army officially entered the conflict, in
theory to defend the Pakistan borders, but it made plans to push towards Jammu and cut the lines of
communications of the Indian forces in the Mendhar valley.[57] C. Christine Fair notes that this was the beginning
of Pakistan using irregular forces and `asymmetric warfare' to ensure plausible deniability, which has continued
ever since.[58]
On 1 November 1947, Mountbatten flew to Lahore for a conference with Jinnah, proposing that, in all the
princely States where the ruler did not accede to a Dominion corresponding to the majority population (which
would have included Junagadh, Hyderabad as well Kashmir), the accession should be decided by an `impartial
reference to the will of the people'. Jinnah rejected the offer. According to Indian scholar A. G. Noorani Jinnah
ended up squandering his leverage.[59]
According to Jinnah, India acquired the accession through "fraud and violence."[60] A plebiscite was unnecessary
and states should accede according to their majority population. He was willing to urge Junagadh to accede to
India in return for Kashmir. For a plebiscite, Jinnah demanded simultaneous troop withdrawal for he felt that 'the
average Muslim would never have the courage to vote for Pakistan' in the presence of Indian troops and with
Sheikh Abdullah in power. When Mountbatten countered that the plebiscite could be conducted by the United
Nations, Jinnah, hoping that the invasion would succeed and Pakistan might loose a plebiscite, again rejected the
proposal, stating that the Governors Generals should conduct it instead. Mountbatten noted that it was untenable
given his constitutional position and India did not accept Jinnah's demand of removing Sheikh Abdullah.[61]
Prime Ministers Nehru and Liaquat Ali Khan met again in December, when Nehru informed Khan of India's
intention to refer the dispute to the United Nations under article 35 of the UN Charter, which allows the member
states to bring to the Security Council attention situations `likely to endanger the maintenance of international
peace'.[62]

UN mediation
India sought resolution of the issue at the UN Security Council, despite Sheikh Abdullah's opposition to it.[note 5]
Following the set-up of the United Nations Commission for India and Pakistan (UNCIP), the UN Security

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Council passed Resolution 47 on 21 April 1948. The measure called for an immediate cease-fire and called on
the Government of Pakistan 'to secure the withdrawal from the state of Jammu and Kashmir of tribesmen and
Pakistani nationals not normally resident therein who have entered the state for the purpose of fighting.' It also
asked Government of India to reduce its forces to minimum strength, after which the circumstances for holding a
plebiscite should be put into effect 'on the question of Accession of the state to India or Pakistan.' However, it
was not until 1 January 1949 that the ceasefire could be put into effect, signed by General Douglas Gracey on
behalf of Pakistan and General Roy Bucher on behalf of India.[63] However, both India and Pakistan failed to
arrive at a truce agreement due to differences over interpretation of the procedure for and the extent of
demilitarisation. One sticking point was whether the Azad Kashmiri army was to be disbanded during the truce
stage or at the plebiscite stage.[64]
The UNCIP made three visits to the subcontinent between 1948 and 1949, trying to find a solution agreeable to
both India and Pakistan.[65] It reported to the Security Council in August 1948 that "the presence of troops of
Pakistan" inside Kashmir represented a "material change" in the situation. A two-part process was proposed for
the withdrawal of forces. In the first part, Pakistan was to withdraw its forces as well as other Pakistani nationals
from the state. In the second part, "when the Commission shall have notified the Government of India" that
Pakistani withdrawal has been completed, India was to withdraw the bulk of its forces. After both the
withdrawals were completed, a plebiscite would be held.[66] The resolution was accepted by India but effectively
rejected by Pakistan.[note 6]
The Indian government considered itself to be under legal possession of Jammu and Kashmir by virtue of the
accession of the state. The assistance given by Pakistan to the rebel forces and the Pakhtoon tribes was held to
be a hostile act and the further involvement of the Pakistan army was taken to be an invasion of Indian territory.
From the Indian perspective, the plebiscite was meant to confirm the accession, which was in all respects already
complete, and Pakistan could not aspire to an equal footing with India in the contest.[67]
The Pakistan government held that the state of Jammu and Kashmir had executed a Standstill Agreement with
Pakistan which precluded it from entering into agreements with other countries. It also held that the Maharaja
had no authority left to execute accession because his people had revolted and he had to flee the capital. It
believed that the Azad Kashmir movement as well as the tribal incursions were indigenous and spontaneous, and
Pakistan's assistance to them was not open to criticism.[68]
In short, India required an asymmetric treatment of the two countries in the withdrawal arrangements, regarding
Pakistan as an `aggressor', whereas Pakistan insisted on parity. The UN mediators tended towards parity, which
was not to India's satisfaction.[69] In the end, no withdrawal was ever carried out, India insisting that Pakistan
had to withdraw first, and Pakistan contending that there was no guarantee that India would withdraw
afterwards.[70] No agreement could be reached between the two countries on the process of
demilitarisation.[note 7]
Scholars have commented that the failure of the Security Council efforts of mediation owed to the fact that the
Council regarded the issue as a purely political dispute without investigating its legal underpinnings.[note 8]
Declassified British papers indicate that Britain and US had let their Cold War calculations influence their policy
in the UN, disregarding the merits of the case.[note 9]

1950s
During the 1950s, Indian Prime Minister Jawaharlal Nehru held talks with Pakistan's Prime Minister Muhammad
Ali Bogra to sort out the plebiscite issue in Kashmir . The discussions between the two suggest that Nehru had
even agreed to appoint a Plebiscite Administrator by April 1954. However, Pakistan then joined the CENTO

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alliance and India used this as a reason to reject the plebiscite and to cancel the talks. According to Nehru,
Pakistan's entry into the CENTO alliance was an expression of Pakistan's insincerity in resolving the issue.
However, in May 1955 Nehru held talks with Muhammad Ali Bogra during which he underlined his willingness
to solve the Kashmir issue on the basis of a Partition of the state along the cease fire line. Nehru's cable to
Krishna Menon in 1957 suggests that he favoured a 'readjustment' of the ceasefire line on strategic and
geographic grounds. From the 1950s, India became lukewarm to the idea of a plebiscite and instead adopted the
view that the Constituent Assembly of Jammu and Kashmir, which was elected in 1951, had ratified the state's
accession to India therefore it was unnecessary to further determine the wishes of the Kashmiri people.[71]

Sino-Indian War
In 1962, troops from the People's Republic of China and India clashed in territory claimed by both. China won a
swift victory in the war, resulting in Chinese annexation of the region they call Aksai Chin and which has
continued since then. Another smaller area, the Trans-Karakoram, was demarcated as the Line of Control (LOC)
between China and Pakistan, although some of the territory on the Chinese side is claimed by India to be part of
Kashmir. The line that separates India from China in this region is known as the "Line of Actual Control".[72]

Operation Gibraltar and 1965 Indo-Pakistani war


Following its failure to seize Kashmir in 1947, Pakistan supported numerous `covert cells' in Kashmir using
operatives based in its New Delhi embassy. After its military pact with the United States in the 1950s, it
intensively studied gurerilla warfare through engagement with the US military. In 1965, it decided that the
conditions were ripe for a successful guerilla war in Kashmir. Code named `Operation Gibraltar', companies were
dispatched into Indian-administered Kashmir, the majority of whose members were razakars (volunteers) and
mujahideen recruited from Pakitan-administered Kashmir and trained by the Army. These irregular forces were
supported by officers and men from the paramilitary Northern Light Infantry and Azad Kashmir Rifles as well as
commandos from the Special Services Group. About 30,000 infiltrators are estimated to have been dispatched in
August 1965 as part of the `Operation Gibraltar'.[73]
The plan was for the infiltrators to mingle with the local populace and incite them to rebellion. Meanwhile,
guerilla warfare would commence, destroying bridges, tunnels and highways, as well as Indian Army installations
and airfields, creating conditions for an `armed insurrection' in Kashmir.[74] If the attempt failed, Pakistan hoped
to have raised international attention to the Kashmir issue.[75] Using the newly acquired sophisticated weapons
through the American arms aid, Pakistan believed that it could achieve tactical victories in a quick limited
war.[76]
However, the `Operation Gibraltar' ended in failure as the Kashmiris did not revolt. Instead, they turned in
infiltrators to the Indian authorities in substantial numbersa, and the Indian Army ended up fighting the Pakistani
Army regulars. Pakistan claimed that the captured men were Kashmiri `freedom fighters', a claim contradicted
by the international media.[77][note 10] On 1 September, Pakistan launched an attack across the Cease Fire Line,
targeting Akhnoor in an effort to cut Indian communications into Kashmir. In response, India broadened the war
by launching an attack on Pakistani Punjab across the international border. The war lasted till 23 September,
ending in a stalemate. Following the Tashkent Agreement, both the sides withdrew to their pre-conflict positions,
and agreed not to interfere in each other's internal affairs.

1971 Indo-Pakistani war and Simla Agreement


The Indo-Pakistani War of 1971 resulted in the defeat of Pakistan and the Pakistani military's surrender in East
Pakistan, leading to the creation of Bangladesh. The Simla Agreement, signed in 1972 between India and

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Pakistan, allowed both countries to settle all issues by peaceful means through mutual discussion within the
framework of the UN Charter.

1987 state elections


In the run-up to the 1987 Legislative Assembly elections, several religious Muslim political organisations in
favour of a plebiscite such as the Jamaat-e Islami, Jamaat-e-Tulba, Ummate-Islami, Jamiat-Ahl-e-Hadis,
Anjuman-Tahfaz-ul-Islam, Ittihad-ul-Muslimeen and the Muslim Employees Front banded together to form the
Muslim United Front (MUF).[78] Their election campaign revolved round a commitment to Islamicise Kashmiri
society with the imposition of Nizam e Mustafa (system based on Islamic Shariah) in Kashmir.[79]
The Muslim United Front (MUF) in 1987 contested the 1987 Jammu and Kashmir Assembly elections. The
Muslim United Front was expected to win approximately 20 seats but it received victory in only 4 of the 43
electoral constituencies despite its high vote share of 31 per cent. The elections were widespreadly believed to
have been rigged by the ruling party National Conference, allied with the Indian National Congress.[78]
BBC reported that Khem Lata Wukhloo, who was a leader of the Congress party at the time, admitted the
widespread rigging in Kashmir. He stated:
"I remember that there was a massive rigging in 1987 elections. The losing candidates were declared
winners. It shook the ordinary people's faith in the elections and the democratic process."[80]

1989 popular insurgency and militancy


In the years since 1990, the Kashmiri Muslims and the Indian government have conspired to abolish
the complexities of Kashmiri civilization. The world it inhabited has vanished: the state government
and the political class, the rule of law, almost all the Hindu inhabitants of the valley, alcohol,
cinemas, cricket matches, picnics by moonlight in the saffron fields, schools, universities, an
independent press, tourists and banks. In this reduction of civilian reality, the sights of Kashmir are
redefined: not the lakes and Mogul gardens, or the storied triumphs of Kashmiri agriculture,
handicrafts and cookery, but two entities that confront each other without intermediary: the mosque
and the army camp.
British journalist James Buchan[81]
In 1989, a widespread popular and armed insurgency[82][83] started in Kashmir. After the 1987 state legislative
assembly election, some of the results were disputed. This resulted in the formation of militant wings and marked
the beginning of the Mujahadeen insurgency, which continues to this day.[84] India contends that the insurgency
was largely started by Afghan mujahadeen who entered the Kashmir valley following the end of the SovietAfghan War.[85] Yasin Malik, a leader of one faction of the Jammu Kashmir Liberation Front, was one of the
Kashmiris to organise militancy in Kashmir, along with Ashfaq Majid Wani and Farooq Ahmed Dar (alias Bitta
Karate). Since 1995, Malik has renounced the use of violence and calls for strictly peaceful methods to resolve
the dispute. Malik developed differences with one of the senior leaders, Farooq Siddiqui (alias Farooq Papa), for
shunning demands for an independent Kashmir and trying to cut a deal with the Indian Prime Minister. This
resulted in a split in which Bitta Karate, Salim Nanhaji, and other senior comrades joined Farooq Papa.[86][87]
Pakistan claims these insurgents are Jammu and Kashmir citizens, and are rising up against the Indian army as
part of an independence movement. Amnesty International has accused security forces in Indian-controlled

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Kashmir of exploiting an Armed Forces (Special Powers) Act that enables them to "hold prisoners without trial".
The group argues that the law, which allows security forces to detain individuals for up to two years without
presenting charges violates prisoners' human rights.[88][89] In 2011, the state humans right commission said it had
evidence that 2,156 bodies had been buried in 40 graves over the last 20 years.[89] The authorities deny such
accusations. The security forces say the unidentified dead are militants who may have originally come from
outside India. They also say that many of the missing people have crossed into Pakistan-administered Kashmir to
engage in militancy.[89] However, according to the state human rights commission, among the identified bodies
574 were those of "disappeared locals", and according to Amnesty International's annual human rights report
(2012) it was sufficient for "belying the security forces' claim that they were militants".[90]
India claims these insurgents are Islamic terrorist groups from Pakistan-administered Kashmir and Afghanistan,
fighting to make Jammu and Kashmir a part of Pakistan.[89][91] They claim Pakistan supplies munitions to the
terrorists and trains them in Pakistan. India states that the terrorists have killed many citizens in Kashmir and
committed human rights violations whilst denying that their own armed forces are responsible for human rights
abuses. On a visit to Pakistan in 2006, former Chief Minister of Kashmir Omar Abdullah remarked that foreign
militants were engaged in reckless killings and mayhem in the name of religion.[92] The Indian government has
said militancy is now on the decline.[13]
The Pakistani government calls these insurgents "Kashmiri freedom fighters", and claims that it provides them
only moral and diplomatic support, although India[93] believes they are Pakistan-supported terrorists from
Pakistan Administered Kashmir. In October 2008, President Asif Ali Zardari of Pakistan called the Kashmir
separatists "terrorists" in an interview with The Wall Street Journal.[94] These comments sparked outrage
amongst many Kashmiris, some of whom defied a curfew imposed by the Indian army to burn him in effigy.[95]
In 2008, pro-separatist leader Mirwaiz Umar Farooq told the Washington Post that there has been a "purely
indigenous, purely Kashmiri"[12] peaceful protest movement alongside the insurgency in Indian-administered
Kashmir since 1989. The movement was created for the same reason as the insurgency and began after the
disputed election of 1987. According to the United Nations, the Kashmiris have grievances with the Indian
government, specifically the Indian Military, which has committed human rights violations, .[12][13][96]

1999 Conflict in Kargil


In mid-1999, alleged insurgents and Pakistani soldiers from Pakistani
Kashmir infiltrated Jammu and Kashmir. During the winter season, Indian
forces regularly move down to lower altitudes, as severe climatic conditions
makes it almost impossible for them to guard the high peaks near the Line of
Control. This practice is followed by both India and Pakistan Army. The
terrain makes it difficult for both sides to maintain a strict border control
over Line of Control. The insurgents took advantage of this and occupied
vacant mountain peaks in the Kargil range overlooking the highway in
Indian Kashmir that connects Srinagar and Leh. By blocking the highway,
they could cut off the only link between the Kashmir Valley and Ladakh.
This resulted in a large-scale conflict between the Indian and Pakistani
armies. The final stage involved major battles by Indian and Pakistani forces
resulting in India recapturing most of the territories[97][98] held by Pakistani
forces.

Location of conflict.

Fears of the Kargil War turning into a nuclear war provoked the then-United States President Bill Clinton to
pressure Pakistan to retreat. The Pakistan Army withdrew their remaining troops from the area, ending the

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conflict. India regained control of the Kargil peaks, which they now patrol and monitor all year long.

2000s Al-Qaeda involvement


In a 'Letter to American People' written by Osama bin Laden in 2002, he stated that one of the reasons he was
fighting America was because of its support for India on the Kashmir issue.[99][100] While on a trip to Delhi in
2002, US Secretary of Defense Donald Rumsfeld suggested that Al-Qaeda was active in Kashmir, though he did
not have any hard evidence.[101][102] An investigation by a Christian Science Monitor reporter in 2002 claimed
to have unearthed evidence that Al-Qaeda and its affiliates were prospering in Pakistan-administered Kashmir
with tacit approval of Pakistan's Inter-Services Intelligence agency (ISI).[103] In 2002, a team comprising Special
Air Service and Delta Force personnel was sent into Indian-administered Kashmir to hunt for Osama bin Laden
after reports that he was being sheltered by the Kashmiri militant group Harkat-ul-Mujahideen.[104] US officials
believed that Al-Qaeda was helping organise a campaign of terror in Kashmir to provoke conflict between India
and Pakistan. Their strategy was to force Pakistan to move its troops to the border with India, thereby relieving
pressure on Al-Qaeda elements hiding in northwestern Pakistan. US intelligence analysts say Al-Qaeda and
Taliban operatives in Pakistan-administered Kashmir are helping terrorists trained in Afghanistan to infiltrate
Indian-administered Kashmir.[105] Fazlur Rehman Khalil, the leader of the Harkat-ul-Mujahideen, signed
al-Qaeda's 1998 declaration of holy war, which called on Muslims to attack all Americans and their allies.[106] In
2006 Al-Qaeda claim they have established a wing in Kashmir, which worried the Indian government.[107] Indian
Army Lieutenant General H.S. Panag, GOC-in-C Northern Command, told reporters that the army has ruled out
the presence of Al-Qaeda in Indian-administered Jammu and Kashmir. He said that there no evidence to verify
media reports of an Al-Qaeda presence in the state. He ruled out Al-Qaeda ties with the militant groups in
Kashmir including Lashkar-e-Taiba and Jaish-e-Mohammed. However, he stated that they had information about
Al Qaeda's strong ties with Lashkar-e-Taiba and Jaish-e-Mohammed operations in Pakistan.[108] While on a visit
to Pakistan in January 2010, US Defense secretary Robert Gates stated that Al-Qaeda was seeking to destabilise
the region and planning to provoke a nuclear war between India and Pakistan.[109]
In June 2011, a US Drone strike killed Ilyas Kashmiri, chief of Harkat-ul-Jihad al-Islami, a Kashmiri militant
group associated with Al-Qaeda.[110][111] Kashmiri was described by Bruce Riedel as a 'prominent' Al-Qaeda
member,[112] while others described him as the head of military operations for Al-Qaeda.[113] Waziristan had by
then become the new battlefield for Kashmiri militants fighting NATO in support of Al-Qaeda.[114] Ilyas
Kashmiri was charged by the US in a plot against Jyllands-Posten, the Danish newspaper at the center of the
Jyllands-Posten Muhammad cartoons controversy.[115] In April 2012, Farman Ali Shinwari a former member of
Kashmiri separatist groups Harkat-ul-Mujahideen and Harkat-ul-Jihad al-Islami, was appointed chief of al-Qaeda
in Pakistan.[116]

Reasons behind the dispute


The Kashmir Conflict arose from the Partition of British India in 1947 into modern India and Pakistan. Both
countries subsequently made claims to Kashmir, based on the history and religious affiliations of the Kashmiri
people. The princely state of Jammu and Kashmir, which lies strategically in the north-west of the subcontinent
bordering Afghanistan and China, was formerly ruled by Maharaja Hari Singh under the paramountcy of British
India. In geographical and legal terms, the Maharaja could have joined either of the two new countries. Although
urged by the Viceroy, Lord Mountbatten of Burma, to determine the future of his state before the transfer of
power took place, Singh demurred. In October 1947, incursions by Pakistan took place leading to a war, as a
result of which the state of Jammu and Kashmir remains divided between India and Pakistan.

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Administered by
India

Pakistan
China

https://en.wikipedia.org/wiki/Kashmir_conflict

Area

Population

% Muslim

% Hindu

% Buddhist

% Other

Kashmir valley ~4 million

95%

4%

Jammu

~3 million

30%

66%

4%

Ladakh

~0.25 million

46%

50%

3%

Gilgit-Baltistan ~1 million

99%

Azad Kashmir ~2.6 million

100%

Aksai Chin

Statistics from the BBC report "In Depth" (http://news.bbc.co.uk/1/shared/spl/hi/south_asia


/03/kashmir_future/html/default.stm) *There are roughly 1.5 million refugees from Indian-administered
Kashmir in Pakistan administered Kashmir and Pakistan UNHCR (http://www.unhcr.org/refworld
/topic,463af2212,469f2dcf2,487ca21a2a,0.html)
A minimum of 506,000 people in the Indian Administered Kashmir valley are internally displaced due to
militancy in Kashmir about half of who are Hindu pandits CIA (https://www.cia.gov/library/publications
/the-world-factbook/fields/2194.html#in)
Muslims form the majority in the Poonch, Rajouri, Kishtwar, and Doda districts of the Jammu region.
Shia Muslims make up the majority in the Kargil district in the Ladakh region.
India does not accept the two-nation theory and considers that Kashmir, despite being a Muslim-majority
state, is in many ways an "integral part" of secular India.[117] It is also worth noting that India has a
Muslim population close to 177 Million very close to Pakistan which has a Muslim population of 178
Million.[118] In fact, as per 2001 Census Muslim population in the State of Uttar Pradesh (in India) alone
was around 30 million more than Jammu & Kashmir which is at around 6 million.[119]

Two-thirds of the former princely state of Jammu and Kashmir, comprising Jammu, the Kashmir Valley, and the
sparsely populated Buddhist area of Ladakh are controlled by India while one-third is administered by Pakistan.
The latter includes a narrow strip of land called Azad Kashmir and the Northern Areas, comprising the Gilgit
Agency, Baltistan, and the former kingdoms of Hunza and Nagar. Attempts to resolve the dispute through
political discussions have been unsuccessful. In September 1965, war again broke out between Pakistan and
India. The United Nations called for another cease-fire, and peace was restored following the Tashkent
Declaration in 1966, by which both nations returned to their original positions along the demarcated line. After
the 1971 war and the creation of independent Bangladesh under the terms of the 1972 Simla Agreement between
Prime Minister Indira Gandhi of India and Zulfiqar Ali Bhutto of Pakistan, it was agreed that neither country
would seek to alter the cease-fire line in Kashmir, which was renamed as the Line of Control, "unilaterally,
irrespective of mutual differences and legal interpretations".
Numerous violations of the Line of Control have occurred, including incursions by insurgents and Pakistani
armed forces at Kargil leading to the Kargil war. There have also been sporadic clashes on the Siachen Glacier,
where the Line of Control is not demarcated and both countries maintain forces at altitudes rising to 20,000 ft
(6,100 m), with the Indian forces serving at higher altitudes.

Indian view
India has officially stated that it believes that Kashmir to be an integral part of India, though the then Prime
Minister of India, Manmohan Singh, stated after the 2010 Kashmir Unrest that his government was willing to
grant autonomy to the region within the purview of Indian constitution if there was consensus on this issue.[120]
The Indian viewpoint is succinctly summarised by Ministry of External affairs, Government of India[121][122]

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India holds that the Instrument of Accession of the State of Jammu


and Kashmir to the Union of India, signed by Maharaja Hari Singh
(erstwhile ruler of the State) on 25 October 1947[123][124] and
executed on 27 October 1947[124] between the ruler of Kashmir
and the Governor General of India was a legal act and completely
valid in terms of the Government of India Act (1935), Indian
Independence Act (1947) as well as under international law and as
such was total and irrevocable.[122]
The Constituent assembly of Jammu and Kashmir had unanimously
ratified the Maharaja's Instrument of Accession to India and
Maharaja Hari Singh signed the
adopted a constitution for the state that called for a perpetual
Instrument of Accession in October
merger of Jammu and Kashmir with the Union of India. India
1947 under which he acceded the State
claims that the constituent assembly was a representative one, and
of Jammu and Kashmir to the Union
that its views were those of the Kashmiri people at the
[note
5][125]
of India.
time.
United Nations Security Council Resolution 1172 tacitly accepts
India's stand regarding all outstanding issues between India and Pakistan and urges the need to resolve the
dispute through mutual dialogue without the need for a plebiscite in the framework of UN Charter.[126][127]
United Nations Security Council Resolution 47 cannot be implemented since Pakistan failed to withdraw
its forces from Kashmir, which was the first step in implementing the resolution.[128] India is also of the
view that Resolution 47 is obsolete, since the geography and demographics of the region have permanently
altered since it adoption.[129] The resolution was passed by United Nations Security Council under Chapter
VI of the United Nations Charter and as such is non-binding with no mandatory enforceability, as opposed
to resolutions passed under Chapter VII.[130][131]
India does not accept the two-nation theory that forms the basis of Pakistan's claims and considers that
Kashmir, despite being a Muslim-majority state, is in many ways an "integral part" of secular India.[117]
The state of Jammu and Kashmir was provided with significant autonomy under Article 370 of the
Constitution of India.[132]
All differences between India and Pakistan, including Kashmir, need to be settled through bilateral
negotiations as agreed to by the two countries under the Simla Agreement signed on 2 July 1972.[133]
Additional Indian viewpoints regarding the broader debate over the Kashmir conflict include
In a diverse country like India, disaffection and discontent are not uncommon. Indian democracy has the
necessary resilience to accommodate genuine grievances within the framework of India's sovereignty,
unity, and integrity. The Government of India has expressed its willingness to accommodate the legitimate
political demands of the people of the state of Kashmir.[121]
Insurgency and terrorism in Kashmir is deliberately fuelled by Pakistan to create instability in the
region.[134] The Government of India has repeatedly accused Pakistan of waging a proxy war in Kashmir
by providing weapons and financial assistance to terrorist groups in the region.[135][136][137][138]
Pakistan is trying to raise anti-India sentiment among the people of Kashmir by spreading false propaganda
against India.[139] According to the state government of Jammu and Kashmir, Pakistani radio and
television channels deliberately spread "hate and venom" against India to alter Kashmiri opinion.[140]
India has asked the United Nations not to leave unchallenged or unaddressed the claims of moral, political,
and diplomatic support for terrorism, which were clearly in contravention of United Nations Security
Council Resolution 1373. This is a Chapter VII resolution that makes it mandatory for member states to
not provide active or passive support to terrorist organisations.[141][142] Specifically, it has pointed out that
the Pakistani government continues to support various terrorist organisations, such as Jaish-e-Mohammad
and Lashkar-e-Taiba, in direct violation of this resolution.[143]

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India points out reports by human rights organisations condemning Pakistan for the lack of civic liberties
in Pakistan-administered Kashmir.[139][144] According to India, most regions of Pakistani Kashmir,
especially Northern Areas, continue to suffer from lack of political recognition, economic development,
and basic fundamental rights.[145]
Karan Singh, the son of the last ruler of the princely state of Kashmir and Jammu, has said that the
Instrument of Accession signed by his father was the same as signed by other states. He opined that
Kashmir was therefore a part of India, and that its special status granted by Article 370 of the Indian
Constitution stemmed from the fact that it had its own constitution.[146]
In 2008, the death toll from the last 20 years was estimated by Indian authorities to be over 47,000.[147]

Pakistani view
Pakistan maintains that Kashmir is the "jugular vein of Pakistan"[148] and
a currently disputed territory whose final status must be determined by
the people of Kashmir. Pakistan's claims to the disputed region are based
on the rejection of Indian claims to Kashmir, namely the Instrument of
Accession. Pakistan insists that the Maharaja was not a popular leader,
and was regarded as a tyrant by most Kashmiris. Pakistan maintains that
the Maharaja used brute force to suppress the population.[149]
Pakistan claims that Indian forces were in Kashmir before the Instrument
of Accession was signed with India, and that therefore Indian troops
were in Kashmir in violation of the Standstill Agreement, which was
designed to maintain the status quo in Kashmir (although India was not
signatory to the Agreement, which was signed between Pakistan and the
Hindu ruler of Jammu and Kashmir).[150][151]
Map of Kashmir as drawn by the
From 1990 to 1999, some organisations reported that the Indian Armed
Forces, its paramilitary groups, and counter-insurgent militias were
Government of Pakistan
responsible for the deaths of 4,501 Kashmiri civilians. During the same
period, there were records of 4,242 women between the ages of 770
being raped.[152][153] Similar allegations were also made by some human rights organisations.[154]

In short, Pakistan holds that


The popular Kashmiri insurgency demonstrates that the Kashmiri people no longer wish to remain within
India. Pakistan suggests that this means that Kashmir either wants to be with Pakistan or independent.[155]
According to the two-nation theory, one of the principles that is cited for the partition that created India
and Pakistan, Kashmir should have been with Pakistan, because it has a Muslim majority.
India has shown disregard for the resolutions of the UN Security Council and the United Nations
Commission in India and Pakistan by failing to hold a plebiscite to determine the future allegiance of the
state.[156]
The reason for India's disregard of the resolutions of the UN Security Council was given by India's Defense
Minister, Kirshnan Menon, who said: "Kashmir would vote to join Pakistan and no Indian Government
responsible for agreeing to plebiscite would survive.''[157]
Pakistan was of the view that the Maharaja of Kashmir had no right to call in the Indian Army, because it
held that the Maharaja of Kashmir was not a hereditary ruler and was merely a British appointee, after the
British defeated Ranjit Singh who ruled the area before the British conquest.[158]
Pakistan has noted the widespread use of extrajudicial killings in Indian-administered Kashmir carried out

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by Indian security forces while claiming they were caught up in encounters with militants. These
encounters are commonplace in Indian-administered Kashmir. The encounters go largely uninvestigated by
the authorities, and the perpetrators are spared criminal prosecution.[159][160]
Human rights organisations have strongly condemned Indian troops for widespread rape and murder of innocent
civilians while accusing these civilians of being militants.[161][162][163]
The Chenab formula was a compromise proposed in the 1960s, in which the Kashmir valley and other
Muslim-dominated areas north of the Chenab river would go to Pakistan, and Jammu and other Hindudominated regions would go to India.[164]
Former Pakistani president General Pervez Musharraf on 16 October 2014 said that Pakistan needs to incite
those fighting in Kashmir,[165][166] "We have source (in Kashmir) besides the (Pakistan) armyPeople in
Kashmir are fighting against (India). We just need to incite them," Musharraf told a TV channel.[165][166]
In 2015 Pakistans outgoing National Security Advisor Sartaj Aziz said that Pakistan wished to have third party
mediation on Kashmir, but it was unlikely to happen unless by international pressure.[167] Under Shimla Accord
it was decided that India and Pakistan would resolve their disputes bilaterally, Aziz said. Such bilateral talks
have not yielded any results for the last 40 years. So then what is the solution?[167]
A survey carried out across both Jammu and Kashmir and Pakistan-occupied Kashmir by London-based
thinktank Chatham House, its author claims 'is the first ever of its kind', shows that only 2% of the respondents
on the Indian side favour joining Pakistan.[168]

Chinese view
China states that Aksai Chin is an integral part of China and does not recognise the inclusion of Aksai Chin as
part of the Kashmir region.
China did not accept the boundaries of the princely state of Kashmir and Jammu, north of Aksai Chin and
the Karakoram as proposed by the British.[169]
China settled its border disputes with Pakistan under the 1963 Trans Karakoram Tract with the provision
that the settlement was subject to the final solution of the Kashmir dispute.[170]

Cross-border troubles
The border and the Line of Control separating Indian and Pakistani Kashmir passes through some exceptionally
difficult terrain. The world's highest battleground, the Siachen Glacier, is a part of this difficult-to-man boundary.
Even with 200,000 military personnel,[171] India maintains that it is infeasible to place enough men to guard all
sections of the border throughout the various seasons of the year. Pakistan has indirectly acquiesced its role in
failing to prevent "cross-border terrorism" when it agreed to curb such activities[172] after intense pressure from
the Bush administration in mid-2002.
The Government of Pakistan has repeatedly claimed that by constructing a fence along the line of control, India
is violating the Shimla Accord. India claims the construction of the fence has helped decrease armed infiltration
into Indian-administered Kashmir.
In 2002, Pakistani President and Army Chief General Pervez Musharraf promised to check infiltration into
Jammu and Kashmir.

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Water dispute
Another reason for the dispute over Kashmir is water. Kashmir is the source of many rivers and tributaries in the
Indus River basin. This basin is divided between Pakistan, which has about 60 percent of the catchment area,
India with about 20 percent, Afghanistan with 5 percent and around 15 percent in China (Tibet autonomous
region). The river tributaries are the Jhelum and Chenab rivers, which primarily flow into Pakistan, while other
branchesthe Ravi, Beas, and the Sutlejirrigate northern India.
The Indus is a river system that sustains communities in India and Pakistan. Both have extensively dammed the
Indus River for irrigation of their crops and hydro-electricity systems. In arbitrating the conflict in 1947, Sir Cyril
Radcliffe, decided to demarcate the territories as he was unable to give to one or the other the control over the
river as it was a main economic resource for both areas. The Line of Control (LoC) was recognised as an
international border establishing that India would have control over the upper riparian and Pakistan over the
lower riparian of the Indus and its tributaries. Despite appearing to be separate issues, the Kashmir dispute and
the dispute over the water control are in reality related and the fight over the water remains one of the main
problems in establishing good relations between the two countries.
In 1948, Eugene Black, then president of the World Bank, offered his services to solve the tension over water
control. In the early days of independence, the fact that India was able to shut off the Central Bari Doab Canals
at the time of the sowing season, causing significant damage to Pakistan's crops. Nevertheless, military and
political clashes over Kashmir in the early years of independence appear to have been more about ideology and
sovereignty rather than over the sharing of water resources. However, the minister of Pakistan has stated the
opposite.[173]
The Indus Waters Treaty was signed by both countries in September 1960, giving exclusive rights over the three
western rivers of the Indus river system (Jhelum, Chenab and Indus) to Pakistan, and over the three eastern
rivers (Sutlej, Ravi and Beas) to India, as long as this does not reduce or delay the supply to Pakistan. India
therefore maintains that they are not willing to break the established regulations and they see no more problems
with this issue.

Pakistan's relation with militants


India has furnished documentary evidence to the United Nations that Pakistan supports Kashmiri militants,
leading to a ban on some terrorist organisations, which Pakistan has yet to enforce. Former President of Pakistan
and the ex-chief of the Pakistan military Pervez Musharraf, stated in an interview in London, that the Pakistani
government indeed helped to form underground militant groups and "turned a blind eye" towards their
existence.[174]
According to former Indian Prime-minister Manmohan Singh, one of the main reasons behind the conflict was
Pakistan's "terror-induced coercion". He further stated at a Joint Press Conference with United States President
Barack Obama in New Delhi that India is not afraid of resolving all the issues with Pakistan including that of
Kashmir "but it is our request that you cannot simultaneously be talking and at the same time the terror
machine is as active as ever before. Once Pakistan moves away from this terror-induced coercion, we will be
very happy to engage productively with Pakistan to resolve all outstanding issues."[175]
In 2009, the President of Pakistan Asif Zardari asserted at a conference in Islamabad that Pakistan had indeed
created Islamic militant groups as a strategic tool for use in its geostrategic agenda and "to attack Indian forces in
Jammu and Kashmir".[176] Former President of Pakistan and the ex-chief of the Pakistan military Pervez
Musharraf also stated in an interview that Pakistani government helped to form underground militant groups to
fight against Indian troops in Jammu and Kashmir and "turned a blind eye" towards their existence because it

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wanted to force India to enter negotiations.[174] The British Government have formally accepted that there is a
clear connection between Pakistan's Inter-Services Intelligence (ISI) and three major militant outfits operating in
Jammu and Kashmir, Lashkar-e-Tayiba, Jaish-e-Mohammed and Harkat-ul-Mujahideen.[177][178] The militants
are provided with "weapons, training, advice and planning assistance" in Punjab and Kashmir by the ISI which is
"coordinating the shipment of arms from the Pakistani side of Kashmir to the Indian side, where Muslim
insurgents are waging a protracted war".[179][180]
Throughout the 1990s, the ISI maintained its relationship with extremist networks and militants that it had
established during the Afghan war to utilise in its campaign against Indian forces in Kashmir.[181] Joint
Intelligence/North (JIN) has been accused of conducting operations in Jammu and Kashmir and also
Afghanistan.[182] The Joint Signal Intelligence Bureau (JSIB) provide communications support to groups in
Kashmir.[182] According to Daniel Benjamin and Steven Simon, both former members of the National Security
Council, the ISI acted as a "kind of terrorist conveyor belt" radicalising young men in the Madrassas of Pakistan
and delivering them to training camps affiliated with or run by Al-Qaeda and from there moving them into
Jammu and Kashmir to launch attacks.[183]
Reportedly, about Rs. 24 million are paid out per month by the ISI to fund its activities in Jammu and
Kashmir.[184] Pro-Pakistani groups were reportedly favoured over other militant groups.[184] Creation of six
militant groups in Kashmir, which included Lashkar-e-Taiba (LeT), was aided by the ISI.[185][186] According to
American Intelligence officials, ISI is still providing protection and help to LeT.[186] The Pakistan Army and ISI
also LeT volunteers to surreptitiously penetrate from Pakistan Administrated Kashmir to Jammu and
Kashmir.[187]
In the past, Indian authorities have alleged several times that Pakistan has been involved in training and arming
underground militant groups to fight Indian forces in Kashmir.[188]

Human rights abuse


Indian administered Kashmir
The 2010 Chatham House opinion poll of the people of Indian administered Jammu and Kashmir found that
overall concern, in the entire state, over human rights abuses was 43%.[189] In the surveyed districts of the
Muslim majority Kashmir Valley, where the desire for Independence is strongest,[190] there was a high rate of
concern over human rights abuses. (88% in Baramulla, 87% in Srinagar, 73% in Anantnag and 55% in
Badgam).[189] However, in the Hindu majority and Buddhist majority areas of the state, where pro-India
sentiment is extremely strong,[190] concern over human rights abuses was low (only 3% in Jammu expressed
concerns over human rights abuses).[189]
According to Hon. Edolphus Towns of the American House of Representatives, around 90,000 Kashmiri
Muslims have been killed by the Indian government since 1988.[191] Human Rights Watch says armed militant
organizations in Kashmir have also targeted civilians, although not to the same extent as the Indian security
forces.[192]
Since 1989, over 50,000 people are claimed to have died during the conflict.[193] Data released in 2011 by
Jammu and Kashmir government stated that, in the last 21 years, 43,460 people have been killed in the Kashmir
insurgency. Of these, 21,323 are militants, 13,226 civilians killed by militants, 3,642 civilians killed by security
forces, and 5,369 policemen killed by militants, according to the Jammu and Kashmir government data.[194]

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In its report of September 2006, Human Rights Watch stated that,


Indian security forces claim they are fighting to protect Kashmiris from militants and Islamic
extremists, while militants claim they are fighting for Kashmiri independence and to defend Muslim
Kashmiris from an abusive Indian army. In reality, both sides have committed widespread and
numerous human rights abuses and violations of international humanitarian law (or the laws of
war).[193]
Human Rights Watch also blamed Pakistan for supporting militants in Kashmir, in same 2006 report it says,
"There is considerable evidence that over many years Pakistan has provided Kashmiri militants with training,
weapons, funding and sanctuary. Pakistan remains accountable for abuses committed by militants that it has
armed and trained."[193][195][196]
Some human rights organisations have alleged that Indian Security forces have killed hundreds of Kashmiris
through the indiscriminate use of force and torture, firing on demonstrations, custodial killings, encounters and
detensions.[197][198][199][200] The government of India denied that torture was widespread[198] and stated that
some custodial crimes may have taken place but that "these are few and far between".[198] According to one
human rights report in Kashmir there have been more than three hundred cases of "disappearances" since
1990.[201][202][203] State Human Rights Commission (SHRC) has found 2,730 bodies buried into unmarked graves
scattered all over Kashmir believed to contain the remains of victims of unlawful killings and enforced
disappearances by Indian security forces.[204][205][206] SHRC stated that about 574 of these bodies have already
been identified as those of disappeared locals.[207] SHRC also accused Indian army of forced labour.[208]
According to cables leaked by the WikiLeaks website, US diplomats in 2005 were informed by the International
Committee of the Red Cross (ICRC) about the use of torture and sexual humiliation against hundreds of
Kashmiri detainees by the security forces.[209] The cable said Indian security forces relied on torture for
confessions and that the human right abuses are believed to be condoned by the Indian government.[210] In 2012,
the Jammu and Kashmir State government stripped its State Information Commission (SIC) department of most
powers after the commission asked the government to disclose information about the unmarked graves. This
state action was reportedly denounced by the former National Chief Information Commissioner.[211] A state
government inquiry into the 22 October 1993 Bijbehara killings, in which the Indian military fired on a
procession and killed 40 people and injured 150, found out that the firing by the forces was 'unprovoked' and the
claim of the military that it was in retaliation was 'concocted and baseless'. However, the accused are still to be
punished.[212]
According to a report by Human Rights Watch,
Indian security forces have assaulted civilians during search operations, tortured and summarily
executed detainees in custody and murdered civilians in reprisal attacks. Rape most often occurs
during crackdowns, cordon-and-search operations during which men are held for identification in
parks or schoolyards while security forces search their homes. In these situations, the security forces
frequently engage in collective punishment against the civilian population, most frequently by
beating or otherwise assaulting residents, and burning their homes. Rape is used as a means of
targetting women whom the security forces accuse of being militant sympathizers; in raping them,
the security forces are attempting to punish and humiliate the entire community.[213]
The allegation of mass rape incidents as well as forced disappearances are reflected in a Kashmiri short

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documentary film by an Independent Kashmiri film-maker, the Ocean of Tears produced by a non-governmental
non-profit organisation called the Public Service Broadcasting Trust of India and approved by the Ministry of
Information and Broadcasting (India). The film also depicts mass rape incidents in Kunan Poshpora and Shopian
as facts and alleging that Indian Security Forces were responsible.[214][215] A report from the Indian Central
Bureau of Investigation (CBI) claimed that the seven people killed in 2000 by the Indian military, were innocent
civilians.[216][217][218] The Indian Army has decided to try the accused in the General Court Martial.[219] It was
also reported that the killings that were allegedly committed in "cold-blood" by the Army, were actually in
retaliation for the murder of 36 civilians [Sikhs] by militants at Chattisingpora in 2000.[219] The official stance of
the Indian Army was that, according to its own investigation, 97% of the reports about human rights abuses have
been found to be "fake or motivated".[220] However, there have been at least one case where civilians have been
killed in 'fake encounters' by Indian army personnel for cash rewards.[221]
Our people were killed. I saw a girl tortured with cigarette butts. Another man had his eyes pulled
out and his body hung on a tree. The armed separatists used a chainsaw to cut our bodies into
pieces. It wasn't just the killing but the way they tortured and killed.
A crying old Kashmiri Hindu in refugee camps of Jammu told BBC news reporter[222]
The violence was condemned and labelled as ethnic cleansing in a 2006 resolution passed by the United States
Congress.[223] It stated that the Islamic terrorists infiltrated the region in 1989 and began an ethnic cleansing
campaign to convert Kashmir into a Muslim state. According to the same resolution, since then nearly 400,000
Pandits were either murdered or forced to leave their ancestral homes.[224]
According to a Hindu American Foundation report, the rights and religious freedom of Kashmiri Hindus have
been severely curtailed since 1989, when there was an organised and systematic campaign by Islamist militants
to cleanse Hindus from Kashmir. Less than 4,000 Kashmiri Hindus remain in the valley, reportedly living with
daily threats of violence and terrorism.[225]
According to an op-ed published in a BBC journal, the emphasis of the movement after 1989, soon shifted from
nationalism to Islam. It also claimed that the minority community of Kashmiri Pandits, who have lived in
Kashmir for centuries, were forced to leave their homeland.[222]
The displaced Pandits, many of who continue to live in temporary refugee camps in Jammu and Delhi, are still
unable to safely return to their homeland.[225] The lead in this act of ethnic cleansing was initially taken by the
Jammu & Kashmir Liberation Front and the Hizbul Mujahideen. According to Indian media, all this happened at
the instigation of Pakistan's Inter-Services Intelligence (ISI) by a group of Kashmiri terrorist elements who were
trained, armed and motivated by the ISI. Reportedly, organisations trained and armed by the ISI continued this
ethnic cleansing until practically all the Kashmiri Pandits were driven out after having been subjected to
numerous indignities and brutalities such as rape of their women, torture, forcible seizure of property etc.[226]
The separatists in Kashmir deny these allegations. The Indian government is also trying to reinstate the displaced
Pandits in Kashmir. Tahir, the district commander of a separatist Islamic group in Kashmir, stated: "We want the
Kashmiri Pandits to come back. They are our brothers. We will try to protect them." But the majority of the
Pandits, who have been living in pitiable conditions in Jammu, believe that, until insurgency ceases to exist,
return is not possible.[222]
Mustafa Kamal, brother of Union Minister Farooq Abdullah, blamed security forces, former Jammu and Kashmir
governor Jagmohan and PDP leader Mufti Sayeed for forcing the migration of Kashmiri Pandits from the
Valley.[227] Jagmohan denies these allegations.[222]

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Reports by the Indian government state 219 Kashmiri pandits were killed and around 140,000 migrated due to
millitancy while over 3000 remained in the valley.[228][229] The local organisation of pandits in Kashmir, Kashmir
Pandit Sangharsh Samiti claimed that 399 Kashmiri Pandits were killed by insurgents.[230][231] Al Jazeera states
that 650 Pandits were murdered by militants.[232]
The CIA has reported that at least 506,000 people from Indian Administered Kashmir are internally displaced,
about half of who are Hindu Pandits.[233][234] The United Nations Commission on Human Rights (UNCR) reports
that there are roughly 1.5 million refugees from Indian-administered Kashmir, the bulk of who arrived in
Pakistan-administered Kashmir and in Pakistan after the situation on the Indian side worsened in 1989
insurgency.[235]
Mdecins Sans Frontires conducted a research survey in 2005 that found 11.6% of the interviewees who took
part had been victims of sexual abuse since 1989.[236][237] Some surveys have found that in the Kashmir region
itself (where the bulk of separatist and Indian military activity is concentrated), popular perception holds that the
Indian Armed Forces are more to blame for human rights violations than the separatist groups. Amnesty
International has called on India to "unequivocally condemn enforced disappearances" and to ensure that
impartial investigations are conducted into mass graves in its Kashmir region. The Indian state police confirms as
many as 331 deaths while in custody and 111 enforced disappearances since 1989.[238][239][240][241] Amnesty
International criticised the Indian Military regarding an incident on 22 April 1996, when several armed forces
personnel forcibly entered the house of a 32-year-old woman in the village of Wawoosa in the Rangreth district
of Jammu and Kashmir. They reportedly molested her 12-year-old daughter and raped her other three daughters,
aged 14, 16, and 18. When another woman attempted to prevent the soldiers from attacking her two daughters,
she was beaten. Soldiers reportedly told her 17-year-old daughter to remove her clothes so that they could check
whether she was hiding a gun. They molested her before leaving the house.[241]
Several international agencies and the UN have reported human rights violations in Indian-administered Kashmir.
In a recent press release the OHCHR spokesmen stated "The Office of the High Commissioner for Human Rights
is concerned about the recent violent protests in Indian-administered Kashmir that have reportedly led to civilian
casualties as well as restrictions to the right to freedom of assembly and expression."[96] A 1996 Human Rights
Watch report accuses the Indian military and Indian-government backed paramilitaries of "committ[ing] serious
and widespread human rights violations in Kashmir."[242] One such alleged massacre occurred on 6 January 1993
in the town of Sopore. TIME Magazine described the incident as such: "In retaliation for the killing of one
soldier, paramilitary forces rampaged through Sopore's market, setting buildings ablaze and shooting bystanders.
The Indian government pronounced the event 'unfortunate' and claimed that an ammunition dump had been hit
by gunfire, setting off fires that killed most of the victims."[243] There have been claims of disappearances by the
police or the army in Kashmir by several human rights organisations.[244][245] Jammu and Kashmir Public Safety
Act, 1978:[246][247] Human rights organisations have asked Indian government to repeal[248] the Public Safety
Act, since "a detainee may be held in administrative detention for a maximum of two years without a court
order."[239]
Many human rights organisations such as Amnesty International and Human Rights Watch (HRW) have
condemned human rights abuses in Kashmir by Indians such as "extra-judicial executions", "disappearances",
and torture.[240] The "Armed Forces Special Powers Act" grants the military, wide powers of arrest, the right to
shoot to kill, and to occupy or destroy property in counterinsurgency operations. Indian officials claim that
troops need such powers because the army is only deployed when national security is at serious risk from armed
combatants. Such circumstances, they say, call for extraordinary measures. Human rights organisations have also
asked the Indian government to repeal[248] the Public Safety Act, since "a detainee may be held in administrative
detention for a maximum of two years without a court order."[239] A 2008 report by the United Nations High
Commissioner for Refugees determined that Indian Administered Kashmir was only 'partly free'.[238] A recent

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report by Amnesty International stated that up to 20,000 people have


been detained under a law called AFSPA in Indian-administered
Kashmir.[239][240][241][249]

Pakistan administered Kashmir


Azad Kashmir
The 2010 Chatham House opinion poll of Azad Kashmir's people found
that overall concerns about human rights abuses in 'Azad Kashmir' was
19%.[189] The district where concern over human rights abuses was
greatest was Bhimber where 32% of people expressed concern over
human rights abuses.[189] The lowest was in the district of Sudanhoti
where concern over human rights abuses was a mere 5%.[189]
A soldier guards the roadside
checkpoint outside Srinagar
International Airport in January 2009.

Claims of religious discrimination and restrictions on religious freedom in Azad Kashmir have been made against
Pakistan.[250] The country is also accused of systemic suppression of free speech and demonstrations against the
government.[250] UNHCR reported that a number of Islamist militant groups, including al-Qaeda, operate from
bases in Pakistani-administered Kashmir with the tacit permission of ISI[235][250] There have also been several
allegations of human rights abuse.[235]
In 2006, Human Rights Watch accused ISI and the military of systemic torture with the purpose of "punishing"
errant politicians, political activists and journalists in Azad Kashmir.[251] A report titled "Kashmir: Present
Situation and Future Prospects", submitted to the European Parliament by Emma Nicholson, was critical of the
lack of human rights, justice, democracy, and Kashmiri representation in the Pakistan National Assembly.[252]
According to the Human Rights Commission of Pakistan, Pakistan's ISI operates in Pakistan-administered
Kashmir and is accused of involvement in extensive surveillance, arbitrary arrests, torture, and murder.[250] The
2008 report by the United Nations High Commissioner for Refugees determined that Pakistan-administered
Kashmir was 'not free'.[250] According to Shaukat Ali, chairman of the International Kashmir Alliance, "On one
hand Pakistan claims to be the champion of the right of self-determination of the Kashmiri people, but she has
denied the same rights under its controlled parts of Kashmir and Gilgit-Baltistan".[253]
After the 2011 elections, Azad Kashmir Prime Minister Sardar Attique Ahmad Khan stated that there were
mistakes in the voters list which have raised questions about the credibility of the elections.[254]
In December 1993, the blasphemy laws of Pakistan were extended to Pakistan Administered Kashmir. The area
is ruled directly through a chief executive Lt. Gen. Mohammed Shafiq, appointed by Islamabad with a
26-member Northern Areas Council.[255]
UNCR reports that the status of women in Pakistani-administered Kashmir is similar to that of women in
Pakistan. They are not granted equal rights under the law, and their educational opportunities and choice of
marriage partner remain "circumscribed". Domestic violence, forced marriage, and other forms of abuse
continue to be issues of concern. In May 2007, the United Nations and other aid agencies temporarily suspended
their work after suspected Islamists mounted an arson attack on the home of two aid workers after the
organisations had received warnings against hiring women. However, honour killings and rape occur less
frequently than in other areas of Pakistan.[235]
Gilgit-Baltistan

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The main demand of the people of Gilgit-Baltistan is constitutional status for the region as a fifth province of
Pakistan.[256][257] However, Pakistan claims that Gilgit-Baltistan cannot be given constitutional status due to
Pakistan's commitment to the 1948 UN resolution.[257][258] In 2007, the International Crisis Group stated that
"Almost six decades after Pakistan's independence, the constitutional status of the Federally Administered
Northern Areas (Gilgit and Baltistan), once part of the former princely state of Jammu and Kashmir and now
under Pakistani control, remains undetermined, with political autonomy a distant dream. The region's inhabitants
are embittered by Islamabad's unwillingness to devolve powers in real terms to its elected representatives, and a
nationalist movement, which seeks independence, is gaining ground. The rise of sectarian extremism is an
alarming consequence of this denial of basic political rights".[259] A two-day conference on Gilgit-Baltistan was
held on 89 April 2008 at the European Parliament in Brussels under the auspices of the International Kashmir
Alliance.[260] Several members of the European Parliament expressed concern over human rights violations in
Gilgit-Baltistan and urged the government of Pakistan to establish democratic institutions and the rule of law in
the area.[260][261]
In 2009, the Pakistani government implemented an autonomy package for Gilgit-Baltistan, which entails rights
similar to those of Pakistans other provinces.[256] Gilgit-Baltistan thus gains province-like status without actually
being conferred such status constitutionally.[256][258] Direct rule by Islamabad has been replaced by an elected
legislative assembly under a chief minister.[256][258]
There has been criticism and opposition to this move in Pakistan, India, and Pakistan administrated Kashmir.[262]
The move has been dubbed a cover-up to hide the real mechanics of power, which allegedly are under the direct
control of the Pakistani federal government.[263] The package was opposed by Pakistani Kashmiri politicians
who claimed that the integration of Gilgit-Baltistan into Pakistan would undermine their case for the
independence of Kashmir from India.[264] 300 activists from Kashmiri groups protested during the first GilgitBaltistan legislative assembly elections, with some carrying banners reading "Pakistan's expansionist designs in
Gilgit-Baltistan are unacceptable"[257]
In December 2009, activists from nationalist Kashmiri groups staged a protest in Muzaffarabad to condemn the
alleged rigging of elections and the killing of an 18-year-old student.[265]

Map issues
As with other disputed territories, each government issues maps depicting their claims in Kashmir territory,
regardless of actual control. Due to India's Criminal Law Amendment Act, 1961, it is illegal in India to exclude
all or part of Kashmir from a map (or to publish any map that differs from those of the Survey of India).[266] It is
illegal in Pakistan not to include the state of Jammu and Kashmir as disputed territory, as permitted by the United
Nations. Non-participants often use the Line of Control and the Line of Actual Control as the depicted
boundaries, as is done in the CIA World Factbook, while the region is often marked out in hashmarks. When
Microsoft released a map in Windows 95 and MapPoint 2002, a controversy arose because it did not show all of
Kashmir as part of India as per the Indian claim. All neutral and Pakistani companies claim to follow the UN's
map and over 90% of all maps containing the territory of Kashmir show it as disputed territory.[267]
In 2010, Jammu and Kashmir was removed from the United Nations list of unresolved disputes, in a setback to
Pakistan which has been asking the world body to intervene on the issue.[268][269]

Recent developments
India continues to assert its sovereignty or rights over the entire region of Kashmir, while Pakistan maintains that

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it is a disputed territory. Pakistan argues that the status quo cannot be


considered as a solution and further insists on a UN-sponsored plebiscite.
Unofficially, the Pakistani leadership has indicated that they would be
willing to accept alternatives such as a demilitarised Kashmir, if
sovereignty of Azad Kashmir was to be extended over the Kashmir
valley, or the "Chenab" formula, by which India would retain parts of
Kashmir on its side of the Chenab river, and Pakistan the other
sideeffectively re-partitioning Kashmir on communal lines. The
problem with the proposal is that the population of the Pakistanadministered portion of Kashmir is for the most part ethnically,
linguistically, and culturally different from the Valley of Kashmir, a part
of Indian-administered Kashmir. Partition based on the Chenab formula
is opposed by some Kashmiri politicians, although others, including
Sajjad Lone, have suggested that the non-Muslim part of Jammu and
Kashmir be separated from Kashmir and handed to India. Some political
analysts say that the Pakistan state policy shift and mellowing of its
aggressive stance may have to do with its total failure in the Kargil War
and the subsequent 9/11 attacks. These events put pressure on Pakistan
to alter its position on terrorism.[270] Many neutral parties to the dispute
have noted that the UN resolution on Kashmir is no longer relevant.[271]
The European Union holds the view that the plebiscite is not in
Kashmiris' interest.[272] The report notes that the UN conditions for such
a plebiscite have not been, and can no longer be, met by Pakistan.[273]
The Hurriyat Conference observed in 2003 that a "plebiscite [is] no
longer an option".[274] Besides the popular factions that support one or
other of the parties, there is a third faction which supports independence
and withdrawal of both India and Pakistan. These have been the
respective stands of the parties for a long while, and there have been no
significant changes over the years. As a result, all efforts to solve the
conflict have so far proved futile.

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United Nations' map of Jammu and


Kashmir

Kashmir Solidarity Day on every 5th


of February is celebrated in Pakistan.
This banner was hung in Islamabad,
Pakistan

Revelations made on 24 September 2013 by the former Indian army


chief General V. K. Singh claim that the state politicians of Jammu and
Kashmir are funded by the army secret service to keep the general public calm and that this activity has been
going on since Partition. He also stated that the secret service paid a bribe to a politician to topple the state
government, which was pushing for AFSPA repeal in 2010.[275][276]

In a 2001 report entitled "Pakistan's Role in the Kashmir Insurgency" from the American RAND Corporation,
the think tank noted that "the nature of the Kashmir conflict has been transformed from what was originally a
secular, locally based struggle (conducted via the Jammu Kashmir Liberation Front JKLF) to one that is now
largely carried out by foreign militants and rationalized in pan-Islamic religious terms." The majority of militant
organisations are composed of foreign mercenaries, mostly from the Pakistani Punjab.[277] In 2010, with the
support of its intelligence agencies, Pakistan again 'boosted' Kashmir militants, and recruitment of mujahideen in
the Pakistani state of Punjab has increased.[278][279] In 2011, the FBI revealed that Pakistan's spy agency ISI paid
millions of dollars into a United States-based non-governmental organisation to influence politicians and opinionmakers on the Kashmir issue and arrested Syed Ghulam Nabi Fai.[280]
The Freedom in the World 2006 report categorised Indian-administered Kashmir as "partly free", and Pakistanadministered Kashmir, as well as the country of Pakistan, as "not free".[281] India claims that contrary to popular

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belief, a large proportion of the Jammu and Kashmir populace wishes to remain with India. A MORI survey
found that within Indian-administered Kashmir, 61% of respondents said they felt they would be better off as
Indian citizens, with 33% saying that they did not know, and the remaining 6% favouring Pakistani citizenship.
However, this support for India was mainly in the Ladakh and Jammu regions, not the Kashmir Valley, where
only 9% of the respondents said that they would be better off with India.[282] According to a 2007 poll
conducted by the Centre for the Study of Developing Societies in New Delhi, 87% of respondents in the Kashmir
Valley prefer independence over union with India or Pakistan.[283] However, a survey by Chatham House in both
Indian and Pakistani administered Kashmir found that support for independence stood at 43% and 44%
respectively.[284]
The 2005 Kashmir earthquake, which killed over 80,000 people, led to India and Pakistan finalising negotiations
for the opening of a road for disaster relief through Kashmir.

Efforts to end the crisis


The 9/11 attacks on the United States resulted in the US government wanting to restrain militancy in the world,
including Pakistan. They urged Islamabad to cease infiltrations, which continue to this day, by Islamist militants
into Indian-administered Kashmir. In December 2001, a terrorist attack on the Indian Parliament linked to
Pakistan resulted in war threats, massive troop deployments, and international fears of a nuclear war in the
subcontinent.
After intensive diplomatic efforts by other countries, India and Pakistan began to withdraw troops from the
international border on 10 June 2002, and negotiations restarted. From 26 November 2003, India and Pakistan
agreed to maintain a ceasefire along the undisputed international border, the disputed Line of Control, and
Actual Ground Position Line near the Siachen glacier. This was the first such "total ceasefire" declared by both
powers in nearly 15 years. In February 2004, Pakistan increased pressure on Pakistanis fighting in Indianadministered Kashmir to adhere to the ceasefire. Their neighbours launched several other mutual confidencebuilding measures. Restarting the bus service between the Indian- and Pakistani- administered Kashmir has
helped defuse tensions between the countries while both India and Pakistan have decided to co-operate on
economic fronts.
In 2005, General Musharraf as well as other Pakistani leaders sought to resolve the Kashmir issue through the
Chenab Formula road map. Based on the 'Dixon Plan', the Chenab Formula assigns Ladakh to India, GilgitBaltistan (G-B) to Pakistan, proposes a plebiscite in the Kashmir Valley and splits Jammu into two-halves.[285]
On 5 December 2006, Pakistani President Pervez Musharraf told an Indian TV channel that Pakistan would give
up its claim on Kashmir if India accepted some of his peace proposals, including a phased withdrawal of troops,
self-governance for locals, no changes in the borders of Kashmir, and a joint supervision mechanism involving
India, Pakistan, and Kashmir.[286] Musharraf stated that he was ready to give up the United Nations' resolutions
regarding Kashmir.[287]

2008 militant attacks


In the week of 10 March 2008, 17 people were wounded when a blast hit the region's only highway overpass
located near the civil secretariatthe seat of government of Indian-controlled Kashmirand the region's high
court. A gun battle between security forces and militants fighting against Indian rule left five people dead and
two others injured on 23 March 2008. The battle began when security forces raided a house on the outskirts of
the capital city of Srinagar housing militants. The Indian Army has been carrying out cordon-and-search
operations against militants in Indian-administered Kashmir since the violence broke out in 1989. While the
authorities say 43,000 people have been killed in the violence, various human rights groups and

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non-governmental organisations have put the figure at twice that number.[288]


According to the Government of India Home Ministry, 2008 was the year with the lowest civilian casualties in 20
years, with 89 deaths, compared to a high of 1,413 in 1996.[289] In 2008, 85 security personnel died compared to
613 in 2001, while 102 militants were killed. The human rights situation improved, with only one custodial death,
and no custodial disappearances. Many analysts say Pakistan's preoccupation with jihadis within its own borders
explains the relative calm.[290]

2008 Kashmir protests


Massive demonstrations occurred after plans by the Indian-administered Jammu and Kashmir state government
to transfer 100 acres (0.40 km2) of land to a trust which runs the Hindu Amarnath shrine in the Muslim-majority
Kashmir valley.[291] This land was to be used to build a shelter to house Hindu pilgrims temporarily during their
annual pilgrimage to the Amarnath temple. Such demonstrations have been aloof of the fact that the India
government very regularly undertakes activities for upliftment of Muslim community (as a secular
government)and very regularly donates lands and other properties to the systemized Waqf Boards.[292][293]
Indian security forces and the Indian army responded quickly to keep order. More than 40 unarmed protesters
were killed[294][295] and at least 300 were detained.[296] The largest protests saw more than a half million people
waving Pakistani flags and crying for freedom at a rally on 18 August, according to Time magazine.[297]
Pro-independence Kashmiri leader Mirwaiz Umar Farooq warned that the peaceful uprising could lead to an
upsurge in violence if India's heavy-handed crackdown on protests was not restrained.[298] The United Nations
expressed concern at India's response to peaceful protests and urged investigations be launched against Indian
security personnel who had taken part in the crackdown.[96]
Separatists and political party workers were believed to be behind stone-throwing incidents, which have led to
retaliatory fire from the police.[299][300] An autorickshaw laden with stones meant for distribution was seized by
the police in March 2009. Following the unrest in 2008, secessionist movements got a boost.[301][302]

2008 Kashmir elections


State elections were held in Indian administered Kashmir in seven phases, starting on 17 November and finishing
on 24 December 2008. In spite of calls by separatists for a boycott, an unusually high turnout of more than 60%
was recorded.[303][304] The National Conference party, which was founded by Sheikh Abdullah and is regarded
as pro-India, emerged with a majority of the seats.[305] On 30 December, the Congress Party and the National
Conference agreed to form a coalition government, with Omar Abdullah as Chief Minister.[306] On 5 January
2009, Abdullah was sworn in as the eleventh Chief Minister of Jammu and Kashmir.[307]
In March 2009, Abdullah stated that only 800 militants were active in the state and out of these only 30% were
Kashmiris.[308]

2009 Kashmir protests


In 2009, protests started over the alleged rape and murder of two young women in Shopian in South Kashmir.
Suspicion pointed towards the police as the perpetrators. A judicial enquiry by a retired High Court official
confirmed the suspicion, but a CBI enquiry reversed their conclusion. This gave fresh impetus to popular
agitation against India. Significantly, the unity between the separatist parties was lacking this time.[309]

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2010 Kashmir Unrest


The 2010 Kashmir unrest was series of protests in the Muslim majority Kashmir Valley in Jammu and Kashmir
which started in June 2010. These protests involved the 'Quit Jammu Kashmir Movement' launched by the
Hurriyat Conference led by Syed Ali Shah Geelani and Mirwaiz Umar Farooq, who had called for the complete
demilitarisation of Jammu and Kashmir. The All Parties Hurriyat Conference made this call to protest, citing
human rights abuses by Indian troops.[310] Chief Minister Omar Abdullah attributed (http://web.archive.org
/web/20130708223918/http://www.greaterkashmir.com:80/news/2013/Jul/6/chief-minister-censuresarmy-impunity--70.asp) the 2010 unrest to the fake encounter staged by the military in Machil. Protesters
shouted pro-independence slogans, defied curfews, attacked security forces with stones and burnt police vehicles
and government buildings.[311][312] The Jammu and Kashmir Police and Indian para-military forces fired live
ammunition on the protesters, resulting in 112 deaths, including many teenagers. The protests subsided after the
Indian government announced a package of measures aimed at defusing the tensions in September 2010.[313]

2014 Jammu and Kashmir Elections


The Jammu and Kashmir Legislative Assembly election, 2014 was held in Indian state of Jammu and Kashmir in
five phases from November 25 to December 20, 2014. Despite repeated boycott calls by separarist Hurriyat
leaders,[314] elections recorded highest voters turnout in last 25 years, that is more than 65% which is more than
usual voting percentage in other states of India.[21][22][23]
Phase wise voting percentage is as follow:
J & K 2014 elections voters turnout
Date
Seats Turnout
Tuesday 25 November 15

71.28%

Tuesday 2 December

18

71%

Tuesday 9 December

16

58.89%

Sunday 14 December

18

49%

Saturday 20 December 20

76%

Total

65.23%

87

Source:[315][316][317][318][319]

Voting phases in 2014 Jammu &


Kashmir Assembly Elections

The European Parliament, on the behalf of European Union, welcomed


the smooth conduct of the State Legislative Elections in the Jammu and Kashmir.[320] The EU in its message said
that, "The high voter turnout figure proves that democracy is firmly rooted in India. The EU would like to
congratulate India and its democratic system for conduct of fair elections, unmarred by violence, in the state of
Jammu and Kashmir".[320][321][322] The European Parliament also takes cognizance of the fact that a large
number of Kashmiri voters turned out despite calls for the boycott of elections by certain separatist forces.[321]

October 2014
In October 2014, Indian and Pakistani troops traded gunfire over their border in the divided Himalayan region of
Kashmir, killing at least four civilians and worsening tensions between the longtime rivals, officials on both sides
have said. The small-arms and mortar exchanges which Indian officials called the worst violation of a 2003
ceasefire left 18 civilians wounded in India and another three in Pakistan. Tens of thousands of people fled

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their homes on both sides after the violence erupted on 5 October. Official reports state that nine civilians in
Pakistan and seven in India were killed in three nights of fighting.[323]

July 2016
On July 10, 2016, violence erupted in Kashmir during a funeral for a rebel leader. So far, 21 people have been
killed. Indian troops fired om protesters. After this, clashes erupted in Pulwam, with many people dying, and a
police station got attacked by opposition forces.[324] [325]

The US Presidents on Conflict


In an interview with Joe Klein of Time magazine in October 2008, Barack Obama expressed his intention
to try to work with India and Pakistan to resolve the crisis.[326] He said he had talked to Bill Clinton about
it, as Clinton has experience as a mediator. In an editorial in The Washington Times, Selig S Harrison,[327]
director of the Asia Programme at the Center for International Policy and a senior scholar of the Woodrow
Wilson International Center for Scholars called it Obama's first foreign policy mistake.[328] In an editorial,
The Australian called Obama's idea to appoint a presidential negotiator "a very stupid and dangerous move
indeed".[329] In an editorial in Forbes, Reihan Salam, associate editor for The Atlantic, noted "The
smartest thing President Obama could do on Kashmir is probably nothing. We have to hope that India and
Pakistan can work out their differences on Kashmir on their own".[330] The Boston Globe called the idea
of appointing Bill Clinton as an envoy to Kashmir "a mistake".[331] President Obama subsequently
appointed Richard Holbrooke as special envoy to Pakistan and Afghanistan.[332] President Asif Ali Zardari
hoped that Holbrooke would help mediate to resolve the Kashmir issue.[333] Kashmir was later removed
from Holbrooke's mandate.[334] "Eliminating ... Kashmir from his job description ... is seen as a significant
diplomatic concession to India that reflects increasingly warm ties between the country and the United
States," The Washington Post noted in a report.[335] Brajesh Mishra, India's former national security
adviser, was quoted in the same report as saying that "No matter what government is in place, India is not
going to relinquish control of Jammu and Kashmir". "That is written in stone and cannot be changed."[336]
According to The Financial Times, India has warned Obama that he risks "barking up the wrong tree" if he
seeks to broker a settlement between Pakistan and India over Kashmir.[337]
In July 2009, US Assistant Secretary of State Robert O. Blake, Jr. stated that the United States had no plans to
appoint any special envoy to settle the dispute, calling it an issue which needed to be sorted out bilaterally by
India and Pakistan.[338] According to Dawn this will be interpreted in Pakistan as an endorsement of India's
position on Kashmir that no outside power has any role in this dispute.[339]
In 2002, former US President, Bill Clinton described Kashmir as "the most dangerous place in the
world."[340] He averted a nuclear war between India and Pakistan over the issue of Kashmir according to
former US Deputy Secretary of State Strobe Talbott. Talbott reveals in his book Engaging India:
Diplomacy, Democracy and the Bomb that India and Pakistan came very close to a nuclear war in
1999.[341] According to Talbott, before Clinton met with Prime Minister of Pakistan, Nawaz Sharif in 1999
to discuss the issue, US national security adviser Sandy Berger told Clinton that he could be heading into
"the single most important meeting with a foreign leader of his entire presidency".[342]
India and Pakistan conducted nuclear tests in 1998 and the two countries each hold significant numbers of
nuclear warheads.[343] India and Pakistan fought two wars over the issue of Kashmir in 1947 and 1965. These
two neighbours came dangerously close to a third war during the Kargil conflict in 1999.[344]

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Problems Before Plebiscite


UN Resolution
The United Nations Security Council Resolution 47 was passed by United Nations Security Council under
chapter VI of UN Charter.[345] Resolutions passed under Chapter VI of UN charter are considered non
binding and have no mandatory enforceability as opposed to the resolutions passed under Chapter VII.[346]
[347][348][349]

On January 24, 1957 the UN Security Council reaffirmed the 1948 resolution.The Security Council,
reaffirming its previous resolution to the effect, "that the final disposition of the state of Jammu and
Kashmir will be made in accordance with the will of the people expressed through the democratic method
of a free and impartial plebiscite conducted under the auspices of United Nations," further declared that
any action taken by the Constituent Assembly formed in Kashmir " would not constitute disposition of the
state in accordance with the above principles."[350]
In March 2001, the then Secretary-General of the United Nations, Kofi Annan during his visit to India and
Pakistan,remarked that Kashmir resolutions are only advisory recommendations and comparing with those
on East Timor and Iraq was like comparing apples and oranges, since those resolutions were passed under
chapter VII, which make it enforceable by UNSC.[351][352][353][354][355][356] In 2003,then Pakistan President
Pervez Musharraf announced that Pakistan was willing to back off from demand for UN resolutions for
Kashmir.[357][358][359]
Moreover, India alleges that Pakistan failed to fulfill the pre-conditions by withdrawing its troops from the
Kashmir region as was required under the same U.N. resolution of 13 August 1948 which discussed the
plebiscite.[360][361][362]
Jammu and Kashmir is out of UN dispute list: In Nov 2010 the United Nations has removed Jammu and
Kashmir from its list of disputed territories.[363][364][365][366]
It was major setback to Pakistans efforts to internationalise the Kashmir issue, the United Nations has
excluded Jammu & Kashmir (J&K) from its list of unresolved international disputes under the observation
of the UN Security Council (UNSC). Pakistan's acting envoy in the UN, Amjad Hussain Sial, has lodged a
strong protest, while Indian authorities welcomed the decision.[363][364][366]
In 2010, United States Ambassador to India, Timothy J. Roemer said that Kashmir is an 'internal' issue of
India and not to be discussed on international level rather it should be solved by bilateral talks between
India and Pakistan.[367][368][369][370] He said, "The (US) President ( Barack Obama), I think was very
articulate on this issue of Kashmir. This is an internal issue for India."[367][368]
Separatist Hurriyat leader Syed Ali Shah Geelani said that, "First of all when they say Kashmir is an
internal issue, it is against the reality. The issue of Jammu and Kashmir is an international issue and it
should be solved. As long as promises made to us are not fulfilled, this issue will remain unsolved."[371][372]
The UN later affirmed that the Jammu and Kashmir dispute remains on the United Nation Security
Councils agenda and denied claims that the UN had removed Kashmir from the list of unresolved
issues.[373]

Instrument of Accession
The Instrument of Accession of the State of Jammu and Kashmir to the Union of India was signed by
Maharaja Hari Singh, erstwhile ruler, on 25 October 1947 and executed on 27 October 1947 between the
ruler of Kashmir and the Governor-General of India. This was a legal act and completely valid in terms of
the Government of India Act 1935, Indian Independence Act 1947 and under international law. Hence the
accession of the Jammu and Kashmir state was total and irrevocable.[374]
The Constituent Assembly of Jammu and Kashmir had unanimously ratified the Instrument of Accession
to India duly adopting a constitution for the state endorsing perpetual merger of Jammu and Kashmir with

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the Union of India. The Constituent assembly lawfully represented wish of Kashmiri people at that
time.[374]
Moreover, Instrument of Accession is accepted by each elected legislative assembly of Jammu and
Kashmir. Despite boycott calls by separatist leaders, recent 2014 assembly elections recorded more than
65% voting percentage in Kashmir which is more than usual voting percentage in other states of India.[23]
Indian authorities claim that more than 65% voters of Kashmir have voted in favour of "Instrument of
Accession" and Indian Democracy in 2014 elections.[375]

Article 370
Article 370 of the Indian constitution is a provision that grants special autonomous status to Jammu and
Kashmir. The article is drafted in Part XXI of the Constitution, which relates to Temporary, Transitional
and Special Provisions.[376]
Article 370 is the only link that connects Jammu and Kashmir to India.[377]
To implement a plebiscite in Jammu and Kashmir one has to amend or abolish the article 370, which is
very complex procedure. The leaders of Kashmir oppose any such measure.[378][379] Chief Minister of
Jammu and Kashmir Mufti Muhammad Sayeed said, "Even Indian Parliament does not have power to
scrap Article 370, which grants special status to Jammu and Kashmir under Indian constitution."[380]
The High Court of Jammu and Kashmir has ruled that the Article 370 cannot be "abrogated, repealed or
even amended." It explained that the clause (3) of the Article conferred power to the State's Constituent
Assembly to recommend to the President on the matter of the repeal of the Article. Since the Constituent
Assembly did not make such a recommendation before its dissolution in 1957, the Article 370 has taken on
the features of a "permanent provision" despite being titled a temporary provision in the Constitution.
[381][382]

Article 370 has emerged as the biggest obstacle in front of plebiscite because of its complex procedure of
amendment and opposition from the leaders of Jammu and Kashmir.[377][383]

"Nehru's Promise"
After accession of Kashmir to India in October 1947 then Prime Minister of India Jawaharlal Nehru made
some statements in media and in various telegrams regarding plebiscite in Kashmir.
In telegram No.413 dated 28 October 1947 addressed to Prime Minister of Pakistan, Nehru wrote,[384]
"That Government of India and Pakistan should make a joint request to U.N.O. to undertake a plebiscite in
Kashmir at the earliest possible date."
Nehru's statement in the Indian Parliament, 26 June 1952,[384]
"I want to stress that it is only the people of Kashmir who can decide the future of Kashmir. It is not that we
have merely said that to the United Nations and to the people of Kashmir; it is our conviction and one that is
borne out by the policy that we have pursued, not only in Kashmir but every where.
"I started with the presumption that it is for the people of Kashmir to decide their own future. We will not
compel them. In that sense, the people of Kashmir are sovereign."
In his statement in the Lok Sabha on 31 March 1955 as published in Hindustan Times New Delhi on Ist April,
1955, Pandit Nehru said, "Kashmir is perhaps the most difficult of all these problems between India and
Pakistan. We should also remember that Kashmir is not a thing to be bandied between India and Pakistan but it
has a soul of its own and an individuality of its own. Nothing can be done without the goodwill and consent of

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the people of Kashmir."[385] There was also a White Paper on Kashmir published by Indian government
regarding plebiscite in Jammu and Kashmir in 1948.
There are many such instances where Nehru made such remarks regarding plebiscite in Jammu and
Kashmir.[385] Pakistan and separatist Hurriyat leaders repeatedly demand that Indian Government should
fulfill "Nehru's Promise".[384][386][387]
Position of the Indian authorities on "Nehru's Promise": the Indian government takes the position that
Nehru himself backed off from his promise in the late 1950s. Although he was Prime Minister for 17 years,
he made no serious attempt for a plebiscite. His promises have been taken as a 'good political move'.[388]
The reason for not holding plebiscite was given by India's Defense Minister, Kirshnan Menon, who said:
"Kashmir would vote to join Pakistan and no Indian Government responsible for agreeing to plebiscite
would survive.''[157]
Indian authorities say that Nehru's telegrams and speeches have no legal importance, nor it is compulsory
to apply them as they were never passed by the Parliament of India. The white paper on Kashmir also does
not have any legal importance as it was published in 1948 while the Constitution of India came into force
into 1950 and defined Kashmir as an integral part of India as well as protecting the 'unity and integrity' of
India. Constitution of India doesn't has any provision for plebiscite and 1948 white paper was against
Constitution of India so it was automatically got abolished.
Indian authorities also says that, Nehru is not current Prime Minister of India, because policies are made
on the basis of views of current Prime Minister and his cabinet which must get nod by both houses of
Parliament of India.[389]
Any Prime Minister of India can't make decision of plebiscite unilaterally, bill of plebiscite must be passed
in both houses of Parliament of India with massive 2/3rd majority then it requires assent by President of
India, and if that decision is against Basic structure of Indian Constitution then Supreme Court of India can
outlaw or abolish that decision.[389][390] Preamble and article 3 of part 2 of Constitution of Jammu and
Kashmir says 'Jammu and Kashmir is and shall be an integral part of the Union of India'. This constitution
has been adopted by elected Jammu and Kashmir Legislative Assembly in 1956 when Nehru was Prime
Minister of India.[391]
Daughter of Nehru, Indira Gandhi and his grandson Rajiv Gandhi were Prime Ministers of India but they
themself never did any attempt to implement their forefather's 'Promise'. Instead Indira Gandhi done 1974
IndiraSheikh accord with Shaikh Abdullah which vanished all possibilities of plebiscite.[392]

Constitution of Jammu and Kashmir


Preamble of Constitution of Jammu and Kashmir is as written in box.
Article 3 of part 2 of Constitution of Jammu and Kashmir
also says that 'Jammu and Kashmir is and shall be an
integral part of the Union of India'.[393]
Ram Jethmalani, prominent lawyer, former union
minister and chairman of Kashmir Committee said in Nov
2014 that, "The constitution of this state(J & K) was not
formulated by the constituent assembly of India, but by
its constituent assembly of Jammu and Kashmir. That
was a plebiscite. It is the constituent assembly of J&K
which incorporated some provisions of the Indian
Constitution. The plebiscite has therefore taken place.
You(Kashmiris) are not living under the constitution of
India but under the constitution which was framed by the
constituent assembly(of Jammu and Kashmir) which has

"WE, THE PEOPLE OF THE STATE OF JAMMU


AND KASHMIR,
having solemnly resolved, in pursuance of the
accession of this State to India which took place
on the twenty sixth day of October, 1947, to
further define the existing relationship of the
State with the Union of India as an integral part
thereof, and to secure to ourselvesJUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and
worship;
EQUALITY of status and of opportunity; and to

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promote among us all;


willingly accepted a part of the Indian constitution."[394]
Indian authorities also claims that people of Kashmir
FRATERNITY assuring the dignity of the
have voted in large percentage in recent elections in
individual and the unity of the nation;
favour of this constitution and each elected legislative
IN OUR CONSTITUENT ASSEMBLY this
assembly of J & K has accepted this constitution.[395]
seventeenth day of November, 1956, do HEREBY
However one article from the Times of India, has labelled
ADOPT, ENACT AND GIVE TO OURSELVES
democracy in Kashmir as a 'farce'. It claims that in 1951
THIS CONSTITUTION."
Sheikh Abdullah rejected the nomination papers of
almost all the opposing candidates, therefore he won 73
-Preamble of Constitution of Jammu &
out of 75 seats unopposed. The Times of India further
Kashmir.[393]
claims that later elections were rigged by New Delhi in
favour of its own nominated leaders and it wasn't until
1977 that the first free and fair elections were held, which Sheikh Abdullah won. However, rigging
returned in 1988.[396]

Outlook Survey
In 1995 the first ever opinion poll was conducted in the Kashmir Valley by MODE which had been
commissioned by Outlook.[397]
72% of respondents favoured independence, 19% favoured Pakistan and only 7% favoured a solution
within Indian sovereignty.[397]
80% of respondents said that a free and fair election would definitely not help solve the Kashmir problem
while only 4% said that a free and fair election could help resolve the Kashmir conflict.[397]

Private Survey
London based leading think tank Royal Institute of International Affairs also known as Chatham House,
conducted a survey both in Pakistan administered Kashmir and Indian administered Kashimir and released
it in its report Kashmir:Paths to Peace in May 2010.[398][399][400][401]
It found that 50% of people in Pakistan's side of Kashmir favoured the accession of the entire state to
Pakistan, 44% of people favoured independence, 1% wanted the accession of the entire state to accede to
India while 1% favoured the status quo.[402]
In the Indian side of Kashmir, 28% of people expressed a desire for the entire state to accede to India,
19% favoured the status quo, 43% wanted independence while 2% said they wanted the entire state to join
Pakistan.[403]
The survey showed that only 2% of the respondents on the Indian side favoured joining Pakistan and most
such views were confined to Srinagar and Budgam districts. In six of the districts surveyed late last year by
researchers, not a single person favoured annexation with Pakistan, a notion that remains the bedrock for
the hardline separatist campaign in Kashmir.[398][401][404]
The survey also showed that only 1% of the respondents on the Pakistani side favoured joining India. In
four of the seven surveyed districts of Pakistani Kashmir, the option of merging with India found no
support while this option had a support rate of only 1-3% in the remaining three districts.[402]
However views are highly poralised in each region. The main area of unrest has always been the
predominantly Muslim majority Kashmir Valley, where the support level for Independence varies between
74% to 95% as found by the survey while support for accession with India varies between 2% to 22%.[405]
However, Hindu majority Jammu and Buddhist majority Ladakh express high levels of satisfaction with
Indian rule.
This 2010 survey too demonstrated that trend, with more than half the respondents on Indian side saying
the elections had improved chances for peace(later in 2014, Jammu and Kashmir elections recorded

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highest percentage of voters turnout).[398][401]


Survey said that, "These results support the already widespread view that the plebiscite options are likely
to offer no solution to the dispute."[398][404]
"The results aren't surprising at all. I feel they re-emphasize the need to look beyond traditional positions
and evaluate the contours of a solution grounded in today's realities," said Sajjad Lone on this survey, a
former ally of the Hurriyat who unsuccessfully contested the 2009 Indian general elections but won in
2014 Jammu and Kashmir assembly elections.[398][401]

See also
History of Jammu and Kashmir
United Nations Military Observer Group in India and Pakistan
Indian White Paper on Jammu and Kashmir
All Parties Hurriyat Conference
Insurgency in Jammu and Kashmir
Pakistan and state sponsored terrorism
IndiaPakistan relations
Indo-Pakistani Wars

Notes
1. Kashmiri leader Sheikh Abdullah noted in the UN Security Council in 1948: ""the (plebiscite) offer (was) made by
the Prime Minister of India when, I think, he had not the slightest need for making it, for Kashmir was in distress...
The Government of India could have easily accepted the accession and said, "All right, we accept your accession
and we shall render this help." There was no necessity for the Prime Minister of India to add the proviso while
accepting the accession that "India does not want to take advantage of the difficult situation in Kashmir."(Varshney
1992, p. 195)
2. Panigrahi (2009, p. 54) "According to Mir Qasim, Nehru was unwilling to send Indian army. He was insistent that the
Government could not send its forces at the request of the Maharaja "although he wanted to accede to India," unless
the accession was endorsed by the people of Kashmir... Sheikh Abduallah who was listening to the debate from an
anteroom scribbled a note for Nehru requesting him to send the army to save Kashmir from the invaders.
3. Snedden (2013, pp. 4647): "[O]n 28 October [1947], The Times, while referring to the anti-Indian `raiding forces',
was still able to identify four elements among the 3,000 or so `Muslim rebels and tribesmen' in J&K: 1) `Muslim
League agents and agitators from Pakistan'; 2) `villagers who have raised the Pakistan flag and attacked Kashmir
officials'; 3) `Pathan [Pakhtoon] tribesmen'; 4) `Muslim deserters from Kashmir State forces who have taken their
arms with them'."
4. Snedden (2013, p. 68): Nehru informed [the Chief Ministers] that `the actual tribesmen among the raiders are
probably limited in numbers, the rest are ex-servicemen [of Poonch]'.
5. Sayyid Mr Qsim. My Life and Times. Allied Publishers Limited. Retrieved 1 July 2010. "On the battlefield, the
National Conference volunteers were working shoulder-to-shoulder with the Indian army to drive out the invaders.
On 31 December 1947, India filed a complaint with the United Nations against the Pakistani aggression and its help
to the invading tribesmen. Sheikh Abdullah was not in favor of India seeking the UN intervention because he was
sure the Indian army could free the entire State of the invaders. The UNO did not resolve the Kashmir issue. It
called for withdrawal of troops on 21 April 1948. The Indian army had driven the Pakistanis up to Uri in Kashmir
and Poonch in Jammu when ceasefire was ordered in December 1948. Mr. Jinnah, the promoter of this invasion, had
died in September of that year. Both India and Pakistan accepted the ceasefire."
6. Korbel (1953, p. 502): "Though India accepted the resolution, Pakistan attached to its acceptance so many
reservations, qualifications and assumptions as to make its answer `tantamount to rejection'.
7. Korbel (1953, pp. 506507): "When a further Security Council resolution urged the governments of India and
Pakistan to agree within thirty days on the demilitarization of Kashmir, on the basis of Dr. Graham's
recommendation, Pakistan once more accepted and India once more refused....Dr. Graham met the Indian request for
retaining in Kashmir 21,000 men, but continued to propose 6,000 soldiers on the Azad side. Pakistan could not

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accept the first provision and India continued to insist on its stand concerning the Azad forces. The meeting, which
ended in failure, was accompanied by bitter comments in the newspapers of both India and Pakistan about United
Nations intervention in the Kashmir dispute."
8.
Korbel (1953, p. 507): "With the hindsight of six years, the Council's approach, though impartial and fair,
appears to have been inadequate in that it did not reflect the gravity of the Kashmir situation.... The Security
Council did not deal with either of these arguments [India's assumption of the legal validity of the accession
and Pakistan's refusal to recognize its validity]. Nor did it consider the possibility of asking the International
Court of Justice for an advisory opinion on the juridical aspect of the conflict under Article 96 of the Charter.
Nor did it invoke any provisions of Chapter VII of the Charter, which deals with `acts of aggression'."
Subbiah (2004, p. 180): "From the beginning, the Security Council framed the problem as primarily a political
dispute rather than looking to a major legal underpinning of the dispute: the Instrument of Accession's validity
or lack thereof."
9.
Ankit (2013, p. 276): To Cadogan [Britain's permanent representative at the UN], irrespective of whether
forces in question are organised or disorganised or whether they are controlled by, or enjoy the convenience
of, Government of Pakistan, India was entitled to take measures for self-defence: repelling invaders,
pursuing invaders into Pakistan under Article 51 of the UN Charter and charging Pakistan as aggressor under
Article 35.
Ankit (2013, p. 279): Mountbatten, too, pleaded directly with Attlee along political as well as personal lines:
"I am convinced that this attitude of the United States and the United Kingdom is completely wrong and will
have far reaching results. Any prestige I may previously have had with my Government has of course been
largely lost by my having insisted that they should make a reference to the United Nations with the assurance
that they would get a square deal there."
10. Varshney 1992, p. 216: Independent observers could get no evidence of it. The New York Tiems found that "most of
the prisoners captured thus far do not speak the Kashmiri dialect. They speak... Punjabi and other dialects."... The
Washington Post remarked: "The Moslem Pakistanis, led by President Ayub, had expected the infiltrators to be able
to produce a general uprising and this is Ayub's first disappointment."... Once again, it seemed clear that whatever
the state of their relationship with India, Kashmiris did not wish to embrace Pakistan.

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ISBN 978-0-19-566486-7
Korbel, Josef (1953), "The Kashmir dispute after six years", International Organization (Cambridge
University Press) 7 (4): 498510, JSTOR 2704850, (subscription required (help))
Nawaz, Shuja (May 2008), "The First Kashmir War Revisited", India Review 7 (2): 115154,
doi:10.1080/14736480802055455, (subscription required (help))
Noorani, A. G. (2014) [first published in 2013 by Tulika Books], The Kashmir Dispute, 1947-2012,
Oxford University Press, ISBN 978-0-19-940018-8
Panigrahi, D. N. (2009), Jammu and Kashmir, the Cold War and the West, Routledge,
ISBN 978-1-136-51751-8
Paul, T. V. (1994), Asymmetric Conflicts: War Initiation by Weaker Powers, Cambridge University Press,
ISBN 978-0-521-46621-9
Raghavan, Srinath (2010), War and Peace in Modern India, Palgrave Macmillan,
ISBN 978-1-137-00737-7
Rai, Mridu (2004). Hindu Rulers, Muslim Subjects: Islam, Rights, and the History of Kashmir. C. Hurst &
Co. ISBN 1850656614.
Schofield, Victoria (2003) [First published in 2000], Kashmir in Conflict, London and New York: I. B.
Taurus & Co, ISBN 1860648983
Snedden, Christopher (2013) [first published as The Untold Story of the People of Azad Kashmir, 2012],
Kashmir: The Unwritten History, HarperCollins India, ISBN 9350298988

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Subbiah, Sumathi (2004), "Security Council Mediation and the Kashmir Dispute: Reflections on Its
Failures and Possibilities for Renewal", Boston College International and Comparative Law Review 27
(1): 173185
Varshney, Ashutosh (1992). "Three Compromised Nationalisms: Why Kashmir has been a Problem" (PDF).
In Raju G. C. Thomas. Perspectives on Kashmir: the roots of conflict in South Asia. Westview Press.
pp. 191234. ISBN 978-0-8133-8343-9.

Further reading
Pre-independence history
Drew, Federic. 1877. The Northern Barrier of India: a popular account of the Jammoo and Kashmir
Territories with Illustrations.&;#8221; 1st edition: Edward Stanford, London. Reprint: Light & Life
Publishers, Jammu. 1971.
Partition and Post-independence
Dr. Ijaz Hussain, 1998, Kashmir Dispute: An International Law Perspective, National Institute of Pakistan
Studies
Alastair Lamb, Kashmir: A Disputed Legacy 18461990 (Hertingfordbury, Herts: Roxford Books, 1991)
Kashmir Study Group, 19471997, the Kashmir dispute at fifty : charting paths to peace (New York, 1997)
Jaspreet Singh, Seventeen Tomatoes an unprecedented look inside the world of an army camp in
Kashmir (Vehicle Press; Montreal, Canada, 2004)
Navnita Behera, Demystifying Kashmir (Washington, D.C.: Brooking Institute Press, 2006).
Navnita Behera, State, identity and violence : Jammu, Kashmir and Ladakh (New Delhi: Manohar, 2000)
Sumit Ganguly, The Crisis in Kashmir (Washington, D.C.: Woodrow Wilson Center Press; Cambridge :
Cambridge U.P., 1997)
Sumantra Bose, The challenge in Kashmir : democracy, self-determination and a just peace (New Delhi:
Sage, 1997)
Robert Johnson, A Region in Turmoil (London and New York, Reaktion, 2005)
Hans Kchler, The Kashmir Problem between Law and Realpolitik. Reflections on a Negotiated
Settlement (http://i-p-o.org/Koechler-Kashmir_Discourse-European_Parliament-April2008.htm). Keynote
speech delivered at the "Global Discourse on Kashmir 2008." European Parliament, Brussels, 1 April
2008.
Prem Shankar Jha, Kashmir, 1947: rival versions of history (New Delhi : Oxford University Press, 1996)
Manoj Joshi, The Lost Rebellion (New Delhi: Penguin India, 1999)
Alexander Evans, "Why Peace Won't Come to Kashmir", Current History (Vol 100, No 645) April 2001
p170-175.
Surinder Mohan, "Transforming the Line of Control: Bringing the 'Homeland' Back In", Asian Politics &
Policy (Vol 5, No 1) January 2013 p51-75.
Younghusband, Francis and Molyneux, E. 1917. Kashmir. A. & C. Black, London.
Victoria Schofield, Kashmir in the Crossfire, I.B. Tauris, London.
Andrew Whitehead, A Mission in Kashmir, Penguin India, 2007
Muhammad Ayub, An Army; Its Role & Rule (A History of the Pakistan Army from Independence to
Kargil 19471999). Rosedog Books, Pittsburgh, Pennsylvania USA. 2005. ISBN 0-8059-9594-3
Chandrashekhar Dasgupta (19 March 2002). War and Diplomacy in Kashmir, 1947-48. SAGE
Publications. ISBN 978-0-7619-9588-3.
Web sources
Kashmir Conflict, Homepage (http://www.washingtonpost.com/wp-srv/world/kashmir/front.html)

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Washington Post.
The UN Security Council Resolution on Kashmir (http://www.samarthsingh.com/pakistan-kashmir-the-unsecurity-council) Capt Samarth Singh.

External links
Christine Fair Explains the Pakistan Army's Way of War (video), School of Public Policy at Central
European University, 7 April 2015
The Future of Kashmir (http://acdis.illinois.edu/publications/207/publication-The-Future-of-Kashmir.html),
Matthew A. Rosenstein et al., ACDIS Swords and Ploughshares 16:1 (winter 2007-8), Program in Arms
Control, Disarmament, and International Security (ACDIS) at the University of Illinois at UrbanaChampaign.
Centre for Contemporary Conflict on Kargil War (http://web.archive.org/web/20051123141630/http:
//www.ccc.nps.navy.mil:80/research/kargil/index.asp)
BBC articles on Kashmir (http://news.bbc.co.uk/hi/english/in_depth/south_asia/2002/kashmir_flashpoint/)
Recent Kashmir developments (http://www.globalsecurity.org/military/world/war/kashmir.htm)
The Political Economy of the Kashmir Conflict (http://www.usip.org/publications/the-political-economythe-kashmir-conflict-opportunities-economic-peacebuilding-and-us) US Institute of Peace Report, June
2004
The Kashmir dispute-cause or symptom? (http://www.sasnet.lu.se/ishtiaqkashmir.html)
LoC-Line of Control situation in Kashmir (http://www.defencejournal.com/sept99/loc.htm)
An outline of the history of Kashmir (http://www.koausa.org/Crown/history.html)
News Coverage of Kashmir (http://web.archive.org/web/20051201120007/http://social.chass.ncsu.edu:80
/jouvert/v613/sri.htm)
Accession Document (http://www.jammu-kashmir.com/documents/instrument_of_accession.html)
Conflict in Kashmir: Selected Internet Resources by the Library, University of California, Berkeley,
USA; (http://www.lib.berkeley.edu/SSEAL/SouthAsia/kashmir.html) University of California at Berkeley
Library Bibliographies and Web-Bibliographies list
Timeline since April 2003 (https://web.archive.org/20090726133428/http://www.iiss.org/EasysiteWeb
/getresource.axd?AssetID=809&type=full&servicetype=Attachment)
Kashmir resolution of the European Parliament, 24 May 2007 (http://www.europarl.europa.eu/sides
/getDoc.do?type=TA&reference=P6-TA-2007-0214&language=EN)
"Election in Kashmir Begins Amid Boycott Calls" (http://www.51voa.com/voa_standard_english
/VOA_Standard_English_26465.html)
Disputed territories of India (http://cdn.static-economist.com/sites/default/files/imagecache/fullwidth/images/2014/04/blogs/banyan/himalayan_201034fbc949.gif)
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